Benchmark WA Industrial Relations Case Database

Stephen Peter Magyar v Chief Executive Officer of the Department of Transport

[2020] WAIRC 734 Single Commissioner (WAIRC) 2020-08-20 File: OSHT 4/2019
Source
Commissioner Walkington
Not yet cited by other cases
Treatment by later cases (1)
1 neutral
Applicant: Stephen Peter Magyar
Respondent: Chief Executive Officer of the Department of Transport

Ratio

The parties reached a consensual agreement on all matters in dispute concerning the setup of Safety and Health Representatives. The Tribunal ratified the agreement pursuant to s 51J(5)(b) of the Occupational Safety and Health Act 1984 and discontinued the application.

Outcome

Resolved settled

Authority signal

Not yet cited by other cases Signal-weighted score: 0.8
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 · 4

  • WorkSafe Western Australian Commissioner referred the matter to the Occupational Safety and Health Tribunal on 13 May 2019
  • Tribunal convened a conference between the parties on 16 August 2019
  • Conference was adjourned to allow parties to engage in protracted consultations and negotiations
  • Parties provided a jointly signed Deed on 17 July 2020 indicating agreement had been reached on all matters in dispute

Legislation referenced

  • Occupational Safety and Health Act 1984 s 30(6)
  • Occupational Safety and Health Act 1984 s 51J(5)(b)

Concept tags · 4

[P]Conciliation and arbitration powers [P]Consent orders [S]Safe work method / safe system of work [M]PCBU primary duty of care (WHS)

Subsequent treatment · 1

Cited / considered· 1

Cited
(2020) 100 WAIG WAIRC — Single Commissioner — CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT OF TRANSPORT CORAM COMMISSIONER T...
Archived text (240 words)
REFERRAL OF DISPUTE THE OCCUPATIONAL SAFETY AND HEALTH TRIBUNAL PARTIES STEPHEN PETER MAGYAR APPLICANT -v- CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT OF TRANSPORT RESPONDENT CORAM Commissioner T B Walkington DATE tHURSDAY, 20 august 2020 FILE NO/S OSHT 4 OF 2019 CITATION NO. 2020 WAIRC 00734 Result Consent Order issued Representation Applicant Mr M Amati Respondent Ms M Jones (of counsel) Order WHEREAS on 13 May 2019, the WorkSafe Western Australian Commissioner, referred this matter to the Occupational Safety and Health Tribunal for consultation on issues relevant to setting up Safety and Health Representatives pursuant to s 30(6) of the Occupational Safety and Health Act 1984; WHEREAS on 16 August 2019, the Tribunal convened a conference between the parties and the conference was adjourned to allow the parties to engage in protracted consultations and negotiations; and WHEREAS on 17 July 2020, the parties, by consent, provided the Occupational Safety and Health Tribunal, by way of a jointly signed Deed, as attached, that an agreement had been reached on all of the matters in dispute; NOW THEREFORE, the Occupational Safety and Health Tribunal, pursuant to the powers conferred on it under the Occupational Safety and Health Act 1984, hereby orders: (1) THAT the terms of the agreement are ratified by the Occupational Safety and Health Tribunal, pursuant to s 51J(5)(b) of the Occupational Safety and Health Act 1984; and (2) THAT this application be, and is hereby discontinued. Commissioner T B Walkington