The recent District Court decisions of Amana Living v Soliven
("Soliven") [2013] WADC 118 and Hawker Pacific Pty Ltd v
Lang ("Lang") [2013] WADC 117 are testament to the
troubles occasioned by both the interpretation of the relevant
legislative provisions and the procedure associated with Section 61
Notices.
When is a worker deemed to have applied for an order
of an Arbitrator?
Soliven appealed an Arbitrator's decision that the 21 day
period on receiving a Form 5 (within which the worker had to
"apply for an order of an Arbitrator" under
section 61(3) of the Act) is satisfied on making an application for
conciliation within that time. The Arbitrator also found that any
ongoing timing requirements to bring an arbitration application
would be dictated by the 28 days allowed under Rule 23 of the
Arbitration Rules 2011 (Rules).
