J.Pendarvis v Natasha Stephenson — Benchmark — WA Industrial Relations Case Database

Ratio

By consent of the parties, the applicant was declared to have sufficient interest under s 49(11) of the Industrial Relations Act 1979 (WA) to appeal, the appeal was declared properly instituted, and the operation of the original order was stayed pending hearing of the appeal on condition that the applicant place funds into trust.

Outcome

Resolved other

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0

Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 3

The applicant sought to appeal an order made on 26 August 2021 in application U 27 of 2020
The parties reached agreement on the hearing date of 20 September 2021
The applicant was required to place $9,438.89 into trust as a condition of the stay

Legislation referenced

Industrial Relations Act 1979 (WA) s49(11)
Industrial Relations Act 1979 (WA) s49

Concept tags · 5

[P]Stay of proceedings [P]Internal appeals (FB, FWCFB) [P]Standing to bring application [S]Time limits for filing [M]Unfair dismissal (WA)

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2001] WASCA 136 Food Preservers Union Of Western Australia, Union Of Workers v The...	WA Court of Appeal	2001-04-27	Against applicant	2	1
[2002] WASCA 107 Burswood Catering and Entertainment Pty Ltd v Australian Liquor, Hospitality...	WA Court of Appeal	2002-04-23	Against applicant	2	0
[2018] FWCFB 1255 Visy Board Pty Ltd T/A Visy Board v Ulben Rustemovski and Fahim Ahmadyar	FWC — Full Bench	2018-03-05	Against applicant	2	7
[2021] WAIRC 662 XU HONG BIN v Yan Li	WAIRC — Full Bench	2021-12-24	Against applicant	2	3
[2009] FWAFB 599 Australian Postal Corporation v Communications, Electrical, Electronic,...	FWAFB	2009-10-12	Against applicant	2	2
2026 WAIRC 00080 Minister for Corrective Services v Jacqueline Cooper	WAIRC — Full Bench	2026-02-11	Against applicant	2	0
[2020] WAIRC 342 Director General, Department of Education Western Australia v State School...	WAIRC — Full Bench	2020-06-17	For applicant	2	0
[2018] WAIRC 848 Celeste Corporation Pty Ltd v Koggala Mahavidanelage Imalka Vathsala Silva	WAIRC — Full Bench	2018-11-14	Resolved	2	0
[2005] WAIRC 1915 FBA 36 of 2004	WAIRC — Full Bench	2005-01-01	Resolved	2	0
[2021] WAIRC 190 GHD Pty Limited v WorkSafe Western Australia Commissioner	WAIRC — Single Commissioner	2021-07-07	Against applicant	2	5

Archived text (327 words)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES M.J EDWARDS T/AS M.J EDWARDS & J.PENDARVIS APPLICANT -and- Natasha Stephenson RESPONDENT CORAM Chief Commissioner S J Kenner DATE TUESday, 21 September 2021 FILE NO/S PRES 3 OF 2021 CITATION NO. 2021 WAIRC 00513 Result Order and declaration issued Appearances Applicant In person Respondent Ms E Creek of counsel Order and Declaration This matter having come on for hearing before me on 20 September 2021, and having heard Mr M Edwards on his own behalf and Ms E Creek of counsel on behalf of the respondent, and the parties herein having reached agreement, pursuant to the powers conferred under the Industrial Relations Act 1979, and by consent, it is ordered and declared — 1. THAT the applicant has a sufficient interest as required by s 49(11) of the Act and is therefore entitled to apply for orders which appear hereunder. 2. THAT appeal No. FBA 5 of 2021 has been instituted within the meaning of s 49(11) of the Act. 3. THAT the operation of order 2 of the Commission made on 26 August 2021 in application U 27 of 2020 be and is hereby stayed, pending the hearing and determination of this appeal or until further order. 4. THAT the applicant places the sum of $9,438.89 into a trust account operated by Clayton Utz, the solicitors for the respondent, pending the hearing and determination of the appeal, by close of business 22 September 2021. 5. THAT within 14 days of the determination of the appeal, disbursement be made of the sum awarded in accordance with the decision of the Commission in its determination of the appeal. 6. THAT on disbursement of the sum awarded to a party in accordance with par 5 of this order, any interest earned on the trust account shall be paid to the party to whom the money is disbursed. 7. THAT there be a liberty to apply generally in relation to this order. CHIEF COMMISSIONER