AWU v PSA & Anor [2006] NSWIRComm 369

AWU v PSA & Anor [2006] NSWIRComm 369

The PSA's demarcation application was significantly broader than the representational dispute identified by the Full Bench, raised different and broader industrial issues, and if heard with the AWU's application could alter and lengthen the proceedings to the prejudice of employees' award entitlements; therefore the applications as filed should be heard separately and the PSA application stood over.

Jurisdiction
Australia
Judgment Date
29 November 2006
Procedural Posture
Applications for Orders of Demarcation Pursuant to Sections 294 and 295 of the Industrial Relations Act 1996 / Interlocutory Decision on Whether Demarcation Applications Should Be Heard Separately and Directions for Hearing
Outcome
The applications as filed were ordered to be heard separately; directions were made for the AWU application and any confined PSA application; Matter No IRC 3282 of 2006 was stood over.
Legal Topics
['award Coverage' 'demarcation Dispute' 'representational Interests' 'procedural Directions']
['industrial Relations'] ['award Coverage' 'demarcation Dispute' 'representational Interests' 'procedural Directions']

Case Brief

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Procedural Posture

Applications for Orders of Demarcation Pursuant to Sections 294 and 295 of the Industrial Relations Act 1996 / Interlocutory Decision on Whether Demarcation Applications Should Be Heard Separately and Directions for Hearing

Legal Issues

  1. 1 ["Whether the AWU's demarcation application and the PSA's demarcation application should be heard separately given the scope of the PSA's application." "Whether the PSA's application went beyond the demarcation issue identified by the Full Bench concerning representational interests with respect to the employees covered by the contested award."]

Ratio Decidendi

The PSA's demarcation application was significantly broader than the representational dispute identified by the Full Bench, raised different and broader industrial issues, and if heard with the AWU's application could alter and lengthen the proceedings to the prejudice of employees' award entitlements; therefore the applications as filed should be heard separately and the PSA application stood over.

Court Disposition

The applications as filed were ordered to be heard separately; directions were made for the AWU application and any confined PSA application; Matter No IRC 3282 of 2006 was stood over.

Orders

  • ['The PSA may file and serve any further or amended demarcation application confined to the subject matter of the present dispute by 4pm on 6 December 2006; if filed it is to be joined to Matter No IRC 3277 of 2006.' 'Matter No IRC 3277 of 2006, and any joined PSA application, is to be listed for hearing in 2007 and...