On 8 August 2006 Malcolm Peter’s employment with Leighton Kumagai Joint Venture (LKJV) on the Perth - Mandurah railway project was terminated on redundancy grounds. Mr Peters applied to the Australian Industrial Relations Commission (AIRC) alleging unfair dismissal.
In a decision of 23 October 2003, Commissioner Gregor in the AIRC found that there were not “genuine operational reasons” for Mr Peters’ termination and that the Commission had jurisdiction to hear the unfair dismissal application.
On 10 November 2006, LKJV lodged an appeal against Commissioner Gregor’s decision to the Full Bench of the AIRC. Directions concerning the provision of submissions and evidence were issued by Senior Deputy President Acton on 22 November. However, on 30 November LKJV advised the AIRC that it would not be pursuing its appeal as it had reached a settlement with Mr Peters.