[ExtractfromQueenslandGovernmentIndustrialGazette,

dated 24 October,2008,Vol.189,No. 12,pages 681-682]

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act 1999 - s.320 - basis of decisions of the commission and magistrates

Workers' Compensation and Rehabilitation Act 2003 - s.549 - who may appeal

Woolworths Limited AND Glen Trevor Churchill and Q-COMP (WC/2008/89)

DEPUTY PRESIDENT SWAN / 17 October 2008

DECISION

Mr Glen Trevor Churchill (the first respondent) is the appellant in an application [WC/2008/74 (the appeal)] made against the Review Unit of Q-COMP (the second respondent).

The employer and self-insurer is Woolworths Limited (the applicant) which now makes the application (amended) pursuant to s.550 of the Workers' Compensation and Rehabilitation Act 2003(the Act) and s.320 of the Industrial Relations Act 1999(the IR Act) for leave to appear and be heard in the appeal between the first respondent and the second respondent.

1.It was agreed between the parties that the applicant be granted leave to be heard in this matter. The following represents the content of what was agreed:

"(a)Woolworths be permitted to appear and be heard in the appeal.

(b)Woolworths be permitted to attend, participate and be legally represented at the compulsory conference which has been convened to take place before the Queensland Industrial Relations Commission on 22 October 2008 at 2.30 pm.

(c)Woolworths supply to the Appellant and Respondent a list of documents in its possession or under its control relevant to a matters [sic] in issue in the proceedings by 4.00 pm on Friday 10October 2008.

(d)The Appellant and Respondent supply to Woolworths by 4.00 pm on Monday 13October 2008 a list of documents in their possession or under their control relevant to a matter in issue in the proceedings.

(e)Woolworths be permitted to call evidence, cross-examine witnesses and make submissions at the hearing of the appeal when and if such date(s) for hearing are allocated.". [Amended Application to be heard in an Appeal, 15 October 2008.]

2.It was also agreed between the parties that:

"Unless otherwise ordered for good cause, the employer shall not be entitled to an order for costs on the hearing of the appeal.". [Transcript, p. 1-16.] [Australia Meat Holdings Pty Limited v Saunders and Review Unit Q-COMP (2006) 182 QGIG 158-159.]

3.No order as to costs was made by the Commission with regard to this discrete hearing.

It is ordered that leave to appear and be heard on the part of the applicant has been approved in accordance with the terms outlined in point 1 above. The agreement contained in point 2 above is approved.

Order accordingly.

D.A. SWAN, Deputy President.
Hearing Details:
200815 October
Released: 17 October 2008 / Appearances:
Mr S. Falvey, of McInnes Wilson Lawyers, for the applicant.
Mr R. Reed, Counsel, instructed by Woods Prince Lawyers, for the first respondent.
Mr S.P. Gray, Counsel, instructed by Q-COMP, for the second respondent.

GovernmentPrinter,Queensland

TheStateofQueensland2008.