Transport Industry - Waste Collection and Recycling (State) Award (No 2) [2001] NSWIRComm 5

Transport Industry - Waste Collection and Recycling (State) Award (No 2) [2001] NSWIRComm 5

Only those employers, employees, or their organisations who can be bound by the proposed award have sufficient interest to be parties for the purpose of award-making and wage fixing, and interveners’ participation is limited at the Commission’s discretion. The commissioner did not err in limiting the appellants’ role as interveners or in finding they were not parties.

Parties
Appellants: Local Government Association of New South Wales and Shires Association of New South Wales; First Respondent: Transport Workers' Union of Australia, New South Wales Branch; Second Respondent: New South Wales Road Transport Association; Third Respondent: Waste Contractors and Recyclers Association of New South Wales
Jurisdiction
Australia
Judgment Date
30 January 2001
Procedural Posture
Application for Leave to Appeal and Appeal / Full Bench Decision on Leave and Appeal
Outcome
Leave to appeal granted as to construction and application of wage fixing principles; otherwise refused. Appeal dismissed.
Legal Topics
Wage Fixing Principles, Standing to Be a Party to an Award, Role and Rights of Interveners, Award Making Under Industrial Relations Act
Industrial Law Wage Fixing Principles Standing to Be a Party to an Award Role and Rights of Interveners Award Making Under Industrial Relations Act

Case Brief

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Parties

Local Government Association of New South Wales and Shires Association of New South Wales

Appellants

Transport Workers' Union of Australia, New South Wales Branch

First Respondent

New South Wales Road Transport Association

Second Respondent

Waste Contractors and Recyclers Association of New South Wales

Third Respondent

Procedural Posture

Application for Leave to Appeal and Appeal / Full Bench Decision on Leave and Appeal

Legal Issues

  1. 1 Whether registered organisations not capable of employing employees bound by the award may be 'parties' to the award for purposes of wage fixing principles
  2. 2 Whether the limitation on interveners' participation was correct and whether it denied procedural fairness

Ratio Decidendi

Only those employers, employees, or their organisations who can be bound by the proposed award have sufficient interest to be parties for the purpose of award-making and wage fixing, and interveners’ participation is limited at the Commission’s discretion. The commissioner did not err in limiting the appellants’ role as interveners or in finding they were not parties.

Court Disposition

Leave to appeal granted as to construction and application of wage fixing principles; otherwise refused. Appeal dismissed.

Orders

  • Leave to appeal granted as to construction and application of wage fixing principles.
  • Leave otherwise refused.