REVIEW OF DECISION OF THE CONSTRUCTION INDUSTRY LSL PAYMENTS BOARD GIVEN ON 27 JULY 2016 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Thomas Alfred Smith APPLICANT -v- The Construction Industry Long Service Leave Payments Board RESPONDENT CORAM Chief Commissioner P E Scott DATE Friday, 17 March 2017 FILE NO. APPL 70 OF 2016 CITATION NO. 2017 WAIRC 00160 Result Directions issued Representation (by written correspondence) Applicant Mr J Ramsay Respondent Ms R Harding of counsel and Ms B Ridout of counsel Direction WHEREAS this is a referral of a decision by the Construction Industry Long Service Leave Payments Board pursuant to s 50 of the Construction Industry Portable Paid Long Service Leave Act 1985; and WHEREAS on 9 December 2016, following a directions hearing, the WAIRC issued an order and directions ([2016] WAIRC 00926; (2016) 96 WAIG 1640) which included a direction that ‘the applicant update the Commission on the status of the matter by close of business 13 January 2017.’ AND WHEREAS by email dated 17 January 2017, the respondent proposed that this matter be adjourned sine die because the parties were participating in mediation and the respondent had agreed to receive further information from the applicant regarding his entitlement to long service leave; and WHEREAS by email on 18 January 2017, the respondent proposed that it update the WAIRC on the status of the matter by 27 February 2017; and WHEREAS the WAIRC granted this request and by email on 19 January 2017, directed that the respondent update the WAIRC by 27 February 2017; and WHEREAS by letter dated 27 February 2017, the respondent advised the WAIRC that the parties were in correspondence and that the respondent had requested the applicant provide further information in relation to his entitlement to long service leave. The respondent requested the matter be adjourned for a further four weeks to allow the parties to exchange views and assess the new information; and WHEREAS by email on 13 March 2017, amongst other things, the applicant agreed to the respondent’s request for a further adjournment of four weeks to enable the respondent to consider new information provided by the applicant; and WHEREAS the WAIRC is of the opinion that a further adjournment to enable the parties to exchange information is necessary for the expeditious and just hearing and determination of the matter. NOW THEREFORE the WAIRC, pursuant to the powers conferred by the Construction Industry Portable Paid Long Service Leave Act 1985 and the Industrial Relations Act 1979, hereby directs: 1. THAT the respondent update the WAIRC on the status of this matter by Monday, 27 March 2017. 2. THAT the parties have liberty to apply. CHIEF COMMISSIONER P E SCOTT