Benchmark WA Industrial Relations Case Database

The Forest Products, Furnishing and Allied Industries Industrial Union of Workers, WA v A.G. &amp

[2015] WAIRC 804 Single Commissioner (WAIRC) 2015-08-14 File: APPL 132/2008
Source
Chief Commissioner Beech
Not yet cited by other cases
Applicant: The Forest Products, Furnishing and Allied Industries Industrial Union of Workers, WA
Respondent: A.G. & A.M. Brookes, Adelaide Timber Company Pty Ltd, Auswest Timbers

Ratio

The application for variation to the Timber Workers Award was discontinued under s 27(1) of the Industrial Relations Act 1979 on the ground that further proceedings were not necessary or desirable in the public interest given the substantial time elapsed since filing (approximately 6 years and 7 months) and the matter had not been brought on for hearing, with the applicant's consent.

Outcome

Resolved discontinued

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

  • Application filed 9 December 2008 for variations to the Timber Workers Award No. 36 of 1950
  • Matter had not been brought on for hearing as of 23 June 2015
  • Application discontinued under s 27(1) of the Industrial Relations Act 1979 on ground that further proceedings not necessary or desirable in the public interest due to length of time elapsed since filing
  • Applicant did not object to discontinuance as of 12 August 2015

Legislation referenced

  • Industrial Relations Act 1979 (WA) s27(1)
  • Timber Workers Award No. 36 of 1950

Concept tags · 4

[P]Award (WA state system) [P]Award variation [S]Procedural fairness at dismissal stage [S]Extension of time to file
Archived text (214 words)
TIMBER WORKERS AWARD NO. 36 OF 1950 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES The Forest Products, Furnishing and Allied Industries Industrial Union of Workers, WA APPLICANT -v- A.G. & A.M. Brookes, Adelaide Timber Company Pty Ltd, Auswest Timbers RESPONDENT CORAM chief Commissioner A R Beech DATE Friday, 14 August 2015 FILE NO/S APPL 132 OF 2008 CITATION NO. 2015 WAIRC 00804 Result Application discontinued Order WHEREAS this is an application filed on 9 December 2008 for variations to the Timber Workers Award No. 36 of 1950; AND WHEREAS by letter dated 23 June 2015, the Commission noted that the matter had not been brought on for hearing, and advised that the Chief Commissioner intended to discontinue the application pursuant to s 27(1) of the Industrial Relations Act 1979 on the basis that further proceedings are not necessary or desirable in the public interest due to the length of time which has passed since the applications were filed; AND WHEREAS by email dated 12 August 2015, the applicant informed the Commission that it did not object to the matter being discontinued. NOW THEREFORE I, the undersigned, pursuant to the powers conferred under s 27(1) of the Industrial Relations Act 1979, hereby order: THAT the application be, and is hereby discontinued. chief Commissioner A R Beech