Benchmark WA Industrial Relations Case Database

Others v Boral Resources (WA) LTD

[2025] WAIRC 00389 Single Commissioner (WAIRC) 2025-06-26 File: RFT 1/2021
Source
Commissioner Kucera
Not yet cited by other cases
Treatment by later cases (1)
1 neutral
Applicant: Apanui Transport Pty Ltd & Others
Respondent: Boral Resources (WA) LTD

Ratio

The Road Freight Transport Industry Tribunal issued procedural directions by consent requiring the respondent to produce productivity sheets and the applicants to provide further particulars of claim, with the matter adjourned to a directions hearing.

Outcome

Resolved other

Authority signal

Not yet cited by other cases Signal-weighted score: 0.8
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

  • Multiple road freight transport contractors (Apanui Transport Pty Ltd and others) brought underpayment claims against Boral Resources (WA) LTD.
  • The matter was heard by the Road Freight Transport Industry Tribunal sitting under the Industrial Relations Act 1979 (WA).
  • The dispute concerned productivity-based payment calculations.
  • The proceedings involved 28 separate file numbers indicating multiple applicants/disputes.

Legislation referenced

  • Industrial Relations Act 1979 (WA)

Concept tags · 6

[P]Underpayment recovery (WA IMC) [P]Regulated workers (gig / road transport) [S]Procedural fairness during workplace investigation [S]Discovery / inspection of documents [S]Consent orders [S]Mining / resources sector

Subsequent treatment · 1

Cited / considered· 1

Cited
(2025) 105 WAIG WAIRC — Single Commissioner — Mr L Slaney Mr L Izzo Order 1272 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 105...
Archived text (301 words)
DISPUTE RE UNDERPAYMENT CLAIM IN THE WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION SITTING AS THE ROAD FREIGHT TRANSPORT INDUSTRY TRIBUNAL PARTIES Apanui Transport Pty Ltd & Others APPLICANT -v- Boral Resources (WA) LTD RESPONDENT CORAM Commissioner T Kucera DATE Thursday, 26 June 2025 FILE NO/S RFT 1 OF 2021, RFT 2 OF 2021, RFT 3 OF 2021, RFT 4 OF 2021, RFT 5 OF 2021, RFT 6 OF 2021, RFT 7 OF 2021, RFT 8 OF 2021, RFT 9 OF 2021, RFT 10 OF 2021, RFT 11 OF 2021, RFT 12 OF 2021, RFT 13 OF 2021, RFT 14 OF 2021, RFT 15 OF 2021, RFT 16 OF 2021, RFT 17 OF 2021, RFT 18 OF 2021, RFT 19 OF 2021, RFT 20 OF 2021, RFT 21 OF 2021, RFT 22 OF 2021, RFT 23 OF 2021, RFT 24 OF 2021, RFT 25 OF 2021, RFT 26 OF 2021, RFT 27 OF 2021, RFT 28 OF 2021 CITATION NO. 2025 WAIRC 00389 Result Order issued Representation Applicant Mr S Millman (of counsel) & Mr L Slaney Respondent Mr L Izzo Order HAVING heard from Mr S Millman of counsel and Mr L Slaney on behalf of the applicants and Mr L Izzo of counsel on behalf of the respondent, the Road Freight Transport Industry Tribunal, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders by consent – THAT the respondent is to produce the productivity sheets for the period from quarter 1 2023 to present by Friday 4 July 2025; THAT the applicants are to provide a spreadsheet containing further particulars of claim, including information on the applicants’ costs inputs by 18 July 2025; THAT the matter is listed for a directions hearing not before 18 July 2025; THAT there be liberty to apply. Commissioner T Kucera