Programmed Industrial Maintenance Pty Ltd ACN 133892350 v The Construction Industry Long Service Leave Payments Board
Chief Commissioner Scott
Not yet cited by other cases
Applicant: Programmed Industrial Maintenance Pty Ltd ACN 133892350
Respondent: The Construction Industry Long Service Leave Payments Board
Ratio
The Commission amended procedural orders relating to timing of submissions and evidence in a review of a decision by the Construction Industry Long Service Leave Payments Board, to accommodate the parties' joint request for extended compliance dates.
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 · 4
- The applicant sought review of a decision by the Construction Industry Long Service Leave Payments Board made on 12 July 2018
- The Commission had issued preliminary orders on 18 December 2018 ([2018] WAIRC 00904)
- On 25 February 2019, the parties conferred and jointly sought variation of Order 4 regarding compliance dates
- The parties provided a Minute of Consent Order proposing amended dates
Factors
For
- Parties' mutual agreement to amended compliance dates
- Commission's satisfaction that the amendment was appropriate
Against
Legislation referenced
- Industrial Relations Act 1979 (WA)
- Construction Industry Portable Paid Long Service Leave Act 1985 (WA)
Concept tags · 4
Cases cited in this decision · 1
Cited
[2018] WAIRC 904
— Programmed Industrial Maintenance Pty Ltd ACN 133892350 v The Construction...
"…than 4:00 pm on Friday, 15 March 2019 the parties each file and serve: (a) an outline of submissions in relation to the preliminary questions; (b) any additional evidence on which they wish to rely; and (c) a list of...…"
Archived text (310 words)
REVIEW OF DECISION OF THE CONSTRUCTION INDUSTRY LSL PAYMENTS BOARD GIVEN ON 12 JULY 2018
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Programmed Industrial Maintenance Pty Ltd ACN 133892350
APPLICANT
-v-
The Construction Industry Long Service Leave Payments Board
RESPONDENT
CORAM Chief Commissioner P E Scott
DATE Tuesday, 26 February 2019
FILE NO/S APPL 58 OF 2018
CITATION NO. 2019 WAIRC 00091
Result Order amended
Representation
Applicant Mr S Davies SC and with him Mr G Giorgi and Ms E Jones of counsel
Respondent Ms R Harding and Ms B Swanson of counsel
Order
On Tuesday, 18 December 2018 the Commission issued orders for the hearing of this matter [2018] WAIRC 00904.
On Tuesday, 25 February 2019, the parties advised the Commission that they had conferred about the timing of the requirements set out in the order and sought that the Commission vary Order 4 in respect of the dates for compliance, and provided a Minute of Consent Order.
The Commission has considered the parties' proposal to amend the order and is satisfied that it is appropriate.
Now therefore, pursuant to the powers conferred under the Industrial Relations Act 1979 and the Construction Industry Portable Paid Long Service Leave Act 1985 the Commission hereby orders:
1. That Order 4 of [2018] WAIRC 00904 be amended to state that by no later than 4:00 pm on Friday, 15 March 2019 the parties each file and serve:
(a) an outline of submissions in relation to the preliminary questions;
(b) any additional evidence on which they wish to rely; and
(c) a list of authorities.
2. That Order 5 of [2018] WAIRC 00904 be amended to state that by no later than 4:00pm Friday, 29 March 2019 the parties each file and serve an outline of submissions and any evidence in reply.
3. The parties have liberty to apply.
Chief Commissioner P E Scott