CSR Limited (Ex parte Poole) v WorkCover Queensland [2001] ICQ 40 (2001) 167 QGIG 394

394 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 17 August, 2001 ########################################################################################################################### INDUSTRIAL COURT OF QUEENSLAND Industrial Relations Act 1999 – s. 341(2) – appeal against decision of industrial magistrate CSR Limited (Ex parte Barry Poole) AND WorkCover Queensland (No. C31 of 2001) PRESIDENT HALL 6 August 2001 REPORT ON DECISION (as edited) In giving his decision from the Bench on 26 July 2001, President Hall stated:– “ By the consent of the parties, the appeal is allowed. The decision of the Industrial Magistrate given at Brisbane on 16 March 2001 is set aside. In lieu thereof, I declare that the appellant is a self-insurer. The appellant is entitled to rely on, have reference to and have available to it, for the purposes of calculating normal weekly earnings, the provisions of Regulation 47 of the WorkCover Queensland Regulation 1996 as amended. I remit the matter to the Industrial Magistrates Court at Brisbane, in order that the substantive appeal may be heard in accordance with law. I order that the order made by the Industrial Magistrate directing the appellant to pay the respondent’s costs in the sum of $844.00, be set aside. In lieu of that order, I order that the respondent pay the appellant’s costs of the proceedings of 16 March 2001 in the Industrial Magistrates Court, as agreed by the parties, or failing an agreement, as assessed by the Industrial Magistrate who hears the substantive appeal. -- 1 of 2 -- 17 August, 2001 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 395 Regrettably, I have no power to do anything at all about the costs of the appeal to this Court. I adjourn the Court.”. Dated this sixth day of August, 2000. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Appearances:– Mr K. Varley instructed by Ebsworth and Ebsworth for the appellant. Mr A. Horneman-Wren instructed by WorkCover Queensland for the respondent. -- 2 of 2 --