Re Operational Ambulance Officers (State) Award (No 2) [2011] NSWIRComm 85

Re Operational Ambulance Officers (State) Award (No 2) [2011] NSWIRComm 85

HSU-East did not establish the threshold requirements of s 181(2)(a) or (b) of the Industrial Relations Act 1996. Although aspects of the respondents' substantive case were wrong headed and the slip rule argument was doubtful, the proceedings were not frivolous, were primarily brought for a genuine purpose, were not so obviously untenable or manifestly groundless as to be utterly hopeless, and raised statutory construction arguments involving s 209 that had not previously been considered by the Commission and were not without substance.

Jurisdiction
Australia
Judgment Date
01 July 2011
Procedural Posture
Costs Application in Industrial Proceedings / Decision on HSU East's Notice of Motion Seeking Costs After Dismissal of the Respondents' Notice of Motion to Set Aside or Correct the Award
Outcome
Application for costs dismissed.
Legal Topics
['power to Award Costs in Industrial Relations Commission Proceedings' 'frivolous or Vexatious Proceedings' 'proceedings Instituted Without Reasonable Cause' 'standing of Individual Employees in Award Proceedings' 'absent Party Rule' 'slip Rule']
['industrial Relations' 'costs' 'civil Procedure'] ['power to Award Costs in Industrial Relations Commission Proceedings' 'frivolous or Vexatious Proceedings' 'proceedings Instituted Without Reasonable Cause' 'standing of Individual Employees in Award Proceedings' 'absent Party Rule' 'slip Rule']

Case Brief

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Procedural Posture

Costs Application in Industrial Proceedings / Decision on HSU East's Notice of Motion Seeking Costs After Dismissal of the Respondents' Notice of Motion to Set Aside or Correct the Award

Legal Issues

  1. 1 ["Whether the respondents' earlier notice of motion was frivolous or vexatious within s 181(2)(a) of the Industrial Relations Act 1996." 'Whether the respondents instituted proceedings without reasonable cause within s 181(2)(b) of the Industrial Relations Act 1996.' 'Whether costs should be ordered against the 13 individual ambulance officers in relation to the dismissed substantive application.']

Ratio Decidendi

HSU-East did not establish the threshold requirements of s 181(2)(a) or (b) of the Industrial Relations Act 1996. Although aspects of the respondents' substantive case were wrong headed and the slip rule argument was doubtful, the proceedings were not frivolous, were primarily brought for a genuine purpose, were not so obviously untenable or manifestly groundless as to be utterly hopeless, and raised statutory construction arguments involving s 209 that had not previously been considered by the Commission and were not without substance.

Court Disposition

Application for costs dismissed.

Orders

  • ['The application for costs is dismissed.']