oneperth.com.au | Perth news

STAFF REPORTER

The Fair Work Ombudsman is prosecuting the operator of a Perth business for allegedly sacking a 16-year-old because the boy’s mother queried his pay.

Facing court are Port Kennedy man Stephen Ashley and his Willetton-based company West Coast Propellers Pty Ltd, which repairs, services and sells aeroplane propellers.

Mr Ashley allegedly hired the teenager in November, 2010 and told him he would be paid $5.32 an hour.

Court documents claim the boy’s mother contacted the Fair Work Infoline and received advice that the pay rate should be more than $7 an hour.

On her son’s behalf, the woman met Mr Ashley during her son’s first week at work to query the pay rate he had been offered.

After the meeting, Mr Ashley allegedly told the boy not to come to work until the matter was resolved – and then wrote to him telling him he was no longer employed.

Fair Work Ombudsman Nicholas Wilson says a decision to prosecute was made because the dismissal allegedly constituted a serious breach of workplace law.

“Under the Fair Work Act, it is unlawful to dismiss or take any other adverse action against an employee for exercising a workplace right, such as querying or complaining about pay rates,” Mr Wilson said.

Mr Ashley was allegedly involved in his company committing two breaches of workplace law. The maximum potential penalty per breach is $6600 for Mr Ashley and $33,000 for West Coast Propellers.

The case is listed for July 10 in the Federal Magistrates Court in Perth.

CHRIS THOMSON

He personally dragged the police and State Solicitor through WA’s highest court over a $250 traffic fine – and won.

In a David vs Goliath victory today, Armadale resident Bret Busby (pictured) had his conviction for failing to give way at a stop sign quashed.

Mr Busby represented himself at the Supreme Court appeal hearing where a $250 fine was also set aside and three lost demerit points reinstated.

The quashed conviction and penalties had been imposed at an Armadale Magistrates Court trial after Mr Busby refused to pay a traffic infringement notice issued by police.

But Mr Busby told oneperth.com.au that he had only won a legal battle – not the whole war.

He said he was not fully exonerated – leaving him unable to claim on insurance for a crash that inflicted whiplash and some brain impairment.

Despite this, Mr Busby said he would not be exercising any further appeal rights.

The quashed charges arose from an accident involving Mr Busby’s Subaru and a Holden Commodore utility at the corner of Nicholson Road and Rowley Road in Oakford in June 2010.

Six weeks after the accident, Mr Busby was issued a traffic infringement notice by a policeman who had not attended the crash.

There were three glaring errors in the notice – the supposed date of the crash (July 14 when it had actually occurred on June 13), the crash time (8.50pm versus the actual time of 1.30pm), and the road Mr Busby had been driving on.

Supreme Court Justice Eric Heenan considered Mr Busby had established that a series of procedural errors in the course of the prosecution had led to a miscarriage of justice.

“Notwithstanding that the evidence established that he committed an offence of the kind alleged but on facts which were not alleged, he is entitled to succeed,” Justice Heenan noted.

“Leave to appeal should be granted and the conviction quashed.”

Despite his injuries, Mr Busby remains upbeat.

“I think the appeal was won in spite of me rather than because of me,” he quipped of his do-it-yourself legal skills.

STAFF REPORTER

Photo: Marcus Obal

STAFF REPORTER

Laboratory tests of sample fish from thousand that perished in the upper Swan River a fortnight ago have been inconclusive as to the cause of death.

Swan River Trust officers removed more than 4000 dead fish between Middle Swan Bridge and the Jane Brook confluence last week, largely from recreational use areas.

An unconfirmed number of fish sank to the riverbed and could not be retrieved.

Swan River Trust spokesman Mark Cugley said a clean-up of the 10 kilometre stretch of river where the fish were found was now complete and many of the fish have been taken away to landfill.

“While the laboratory tests have been inconclusive, we believe that low oxygen levels triggered by rainfall and organic loading to the river, were a key factor in the demise of these fish,” Mr Cugley said.

Although most of the dead fish collected were initially thought to be Black Bream, they have since been confirmed as Yellowtail Grunter (Amniataba caudavittatus) and Six Line Trumpeter also known as Western Striped Grunter (Pelates octolineatus).

“Testing of oxygen levels this week shows that concentrations are now at levels suitable for fish with the two oxygenation plants at Guildford and Caversham continuing to operate further down the river, helping the situation,” Mr Cugley said.

Mr Cugley said that monitoring conducted on January 30 confirmed water quality had improved.

No potentially harmful species of algae exceeded guideline values.

“Weekly testing by the Swan River Trust will continue as normal to make sure these levels are closely monitored,” he assured.

STAFF REPORTER

Two motorcyclists were killed in separate collisions with cars in Perth’s east and south today.

Police spokesman Neil Blair said that at 4pm a motorcyclist died after the motorcycle he was riding collided with a car on Orton in Casuarina.

Details of the rider’s age and sex are not yet available.

Also today, in the Perth Hills locale of Bedfordale, a man died after his motorcycle hit a car on Canns Road.

STAFF REPORTER

Four people were arrested overnight after a family feud saw fire bombs hurled at police in the town of Northam, east of Perth.

Police spokeswoman Ros Weatherall said her colleagues attended a disturbance in Hutt Street and were attacked with fire bombs and other projectiles.

Several police units were dispatched from Perth to help quash the ruckus, and five move-on notices were issued.

No police officers were injured.

Ms Weatherall said the violence related to an old feud between two Aboriginal families in the area.

Two men and two women were remanded in custody after being charged with many offences. The offences included Going Armed in Public To Cause Fear, and Disorderly Conduct.

The quartet will appear in court on Monday.

Ms Weatherall said police expected to charge more people after witnesses were interviewed and video footage of the feud examined.

Police continue to monitor the situation and are conducting extra patrols of the area.

STAFF REPORTER

9.055PM: A fire at a dry cleaning factory in Canning Vale where 1000 Litres of highly flammable liquid was known to be stored has been contained and controlled.

The factory is located on Mordaunt Circuit near Oban Link and Baile Road.

Smoke had been blowing west toward Ranford Road and Bannister Road, but the Fire and Emergency Services Authority says residents of Canning Vale will no longer be affected by smoke.

There were 1000 Litres of high flammable tetrachloroethylene drycleaning fluid in the factory.

Mordaunt Circuit remains closed while firefighters remain in the area.

Government pollution experts have declared the local air safe to breathe, after 30 firefighters battled the blaze.

The cause of the fire is unknown. A fire investigator will attend the factory tomorrow.

STAFF REPORTER

3.45PM UPDATE: A bushfire that had posed a potential threat to lives and homes at the rural locales of Wooroloo and Wundowie is now contained and under control.

The Fire and Emergency Services Authority advises there is no longer any “running fire” or any threat to lives and homes.

However, FESA says residents of the area bounded by Burma Road, Bailup Road, Rahnie Road, Weeribee Road including Wedge Street, Stanwix Place and Allen Street should remain vigilant.

The fire had been burning between Allen Street and Werribee Road along Stanwix Place.

Several roads remain closed including Werribee Road from Allen Road to Chedaring Road.

The fire was reported at 8.18am today.

Four fixed wing water bombers and two helicopters assisted 100 firefighters to fight the blaze.

The fire has burnt out 100 hectares, and firefighters are now strengthening containment lines and mopping up.

Photo: freefoto.com

STAFF REPORTER

JANUARY 24 UPDATE: A 31-year-old man has been charged after several gun shots were allegedly fired at a house in Belmont yesterday.

Yesterday, Police spokesman Barry Mann said that about 2.30am a Holden Commodore sedan was driven to the front of a house on Bellis Place.

Inspector Mann said a person allegedly walked up to the front of the house and fired several shots into the property.

Nobody was injured.

Today, police spokeswoman Naomi Smith said that officers searched a man’s home in Como.

Acting Sergeant Smith said a loaded revolver and ammunition was allegedly found.

The man was arrested and charged with one count of aggravated possession of an unlicensed firearm ,and one of possessing unlicensed ammunition.

Police inquiries are continuing and the man will appear in Perth Magistrates Court today.

STAFF REPORTER

The State Emergency Service has responded to 80 calls for help after wild winds and driving rain hit Perth and Mandurah this morning.

Damage was reported from Swan in the north to Armadale in the east and Mandurah in the south.

A severe thunderstorm warning for this afternoon and evening was cancelled at 3.50pm.

Most of the 80 calls to the SES have come from Mandurah which received 57.6 millimetres, and Rockingham.

The rainfall was unusually heavy and there has been frequent lightning and thunder.

In the Perth Hills, Stoneville shopping centre reported flooding.

The Police and Citizens’ Youth Club in Rockingham sustained roof damage.

About 70 SES volunteers made temporary repairs to homes, and sandbagged areas in danger of flooding.

Roe Highway was flooded in both directions at Berkshire Road in Forrestfield.

The westbound lanes of Great Eastern Highway were also flooded between Grancey Avenue and Mann Street in Mundaring.

Widespread power outages were also reported.

Morning commuters faced lengthy delays on the Mandurah and Joondalup lines due to what Transperth has dubbed a “technical issue”.