Benchmark WA Industrial Relations Case Database

Charmaine Mellor v Director General Department of Energy, Mines, Industry Regulation and Safety

[2025] WAIRC 00419 Single Commissioner (WAIRC) 2025-07-15 File: P 17/2025
Source
Commissioner Tsang
Not yet cited by other cases
Applicant: Charmaine Mellor
Respondent: Director General Department of Energy, Mines, Industry Regulation and Safety

Ratio

Preliminary issues of jurisdiction and timeliness (leave to accept referral out of time under ss 29(2)(b) and 29(3) of the IR Act 1979 (WA)) have been separated for determination on the papers, with a directions hearing establishing a schedule for evidence and submissions from both parties.

Outcome

Resolved reserved

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 · 5

  • Referral to WAIRC relates to a decision taken by the employer on 21 May 2025
  • Application filed as P 17 of 2025
  • Application heard on 15 July 2025
  • Applicant is self-represented
  • Respondent is a public sector employer (Director General of a state department)

Legislation referenced

  • Industrial Relations Act 1979 (WA) s29(2)(b)
  • Industrial Relations Act 1979 (WA) s29(3)
  • Oaths, Affidavits and Statutory Declarations Act 2005 (WA) s9

Concept tags · 5

[P]Jurisdictional objection [P]Extension of time to file [P]Time limits for filing [S]Public sector matter (general WAIRC jurisdiction post-PSAB) [S]Public sector termination
Archived text (276 words)
REFERAL OF A DECISION TAKEN BY THE EMPLOYER ON 21 MAY 2025 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Charmaine Mellor APPLICANT -v- Director General Department of Energy, Mines, Industry Regulation and Safety RESPONDENT CORAM Commissioner C Tsang DATE Tuesday, 15 July 2025 FILE NO. P 17 OF 2025 CITATION NO. 2025 WAIRC 00419 Result Direction issued Representation Applicant Ms C Mellor (on her own behalf) Respondent Mr J Carroll (of counsel) Direction HAVING heard from Ms C Mellor on her own behalf and Mr J Carroll (of counsel) on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby directs – 1. THAT the following issues be determined as preliminary issues on the papers (preliminary issues): (a) The issue of the Commission’s jurisdiction. (b) The applicant’s application for leave of the Commission to accept her referral out of time pursuant to ss 29(2)(b) and 29(3) of the Industrial Relations Act 1979 (WA). 2. THAT the applicant file any evidence addressing the preliminary issues by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA) by Tuesday, 29 July 2025. 3. THAT the respondent file by Tuesday, 12 August 2025: (a) Any evidence addressing the preliminary issues by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA). (b) Legal submissions addressing the preliminary issues. 4. THAT the applicant file legal submissions addressing the preliminary issues by Tuesday, 26 August 2025. 5. THAT the respondent file any responsive legal submissions addressing the preliminary issues by Tuesday, 2 September 2025. Commissioner C Tsang