WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES BARRY LANDWEHR APPELLANT -and- Sharyn O'Neill, Director General, Department of Education RESPONDENT CORAM FULL BENCH The Honourable J H Smith, Acting President ACTING Senior Commissioner S J Kenner Commissioner T Emmanuel DATE TUESday, 17 October 2017 FILE NO. FBA 10 OF 2017 CITATION NO. 2017 WAIRC 00879 Result Appeal allowed, decision suspended and remitted to the Commission Appearances Appellant Mr M D Cox (of counsel) and with him Ms R Collins (of counsel) Respondent Mr J M Carroll (of counsel) Order This appeal having come on for hearing before the Full Bench on 22 August 2017 and having heard Mr M D Cox (of counsel) and with him Ms R Collins (of counsel) on behalf of the appellant, and Mr J M Carroll (of counsel) on behalf of the respondent, and reasons for decision having been delivered on 13 October 2017, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders that — 1. The appeal is allowed. 2. The order made by the Commission on 26 April 2017 [2017] WAIRC 00234; (2017) 97 WAIG 551 is suspended. 3. The case is remitted to the Commission at first instance for further hearing and determination. By the Full Bench ACTING PRESIDENT