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 Thursday, 6 September 2018 FILE NO/S APPL 58 OF 2018 CITATION NO. 2018 WAIRC 00730 Result Order issued Representation Applicant Mr G Giorgi of counsel and with him Ms E Leith and Ms E Jones of counsel Respondent Ms R Harding of counsel and with her Ms B Swanson of counsel Order This is an application for review of a decision of the Construction Industry Long Service Leave Payments Board referred to the Commission pursuant to s 50 of the Construction Industry Portable Paid Long Service Leave Act 1985. On Tuesday, 4 September 2018, the Commission convened a conference for the purpose of scheduling the matter. At the conference, the following orders were resolved to ensure an expeditious hearing of the matter. 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 within four weeks (5 October 2018) of the date of this order, the applicant deliver to the respondent a statement of proposed agreed facts stating those facts that the applicant is willing to agree for the purposes of the final hearing and which the applicant expects the respondent may be willing to agree. The applicant is to attach to the statement of proposed agreed facts: (a) a statement describing all of the relevant documents; and (b) copies of all of the relevant documents, relating to all of the work performed by the applicant other than at its own premises as at 12 July 2018. (2) THAT within eight weeks (2 November 2018) of the date of this order, the respondent deliver to the applicant a written response to the statement of proposed agreed facts stating each fact that it is willing to agree. (3) THAT upon delivery of the respondent's written response, the parties are to confer as soon as reasonably possible to consider the terms in which any agreed facts might be expressed. At this point, the respondent should disclose any reasons why it is not willing to agree any of the facts proposed by the applicant in the statement of proposed agreed facts. (4) THAT within 10 weeks (16 November 2018) of the date of this order, the applicant file and serve a statement of agreed facts agreed between the parties. (5) THAT after 10 weeks of the date of this order (not before 16 November 2018), the Commission convene a directions and scheduling conference to deal with any remaining interlocutory matters. (6) THAT, save as otherwise determined by the Commission, having been admitted into evidence, it is not necessary for the facts contained in the statement of agreed facts to be adduced. (7) THAT the parties have leave to apply. Chief Commissioner P E Scott