Southern Cross University v Andrews [2022] NSWIRComm 1108

Southern Cross University v Andrews [2022] NSWIRComm 1108

Considering the complexity of the matter, possible criminal penalties, and that named HR personnel could not appropriately represent the Notifier, leave was granted for the Notifier to be represented by one solicitor and one barrister at the conciliation.

Parties
Notifier: Southern Cross University; First Respondent: Josh Andrews; Second Respondent: National Tertiary Education Union
Jurisdiction
Australia
Judgment Date
14 November 2022
Procedural Posture
Notification of Dispute Under Work Health and Safety Act 2011 (nsw) / Application for Leave for Legal Representation in Conciliation
Outcome
Leave is granted to the Notifier to be represented at the conciliation of this matter by one solicitor and one barrister.
Legal Topics
Work Health and Safety, Representation in Conciliation Proceedings
Employment and Industrial Law Work Health and Safety Representation in Conciliation Proceedings

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Parties

Southern Cross University

Notifier

Josh Andrews

First Respondent

National Tertiary Education Union

Second Respondent

Procedural Posture

Notification of Dispute Under Work Health and Safety Act 2011 (nsw) / Application for Leave for Legal Representation in Conciliation

Legal Issues

  1. 1 Whether leave should be granted to the Notifier to be represented at conciliation by legal practitioners under s 166(2) of the Industrial Relations Act 1996 (NSW)

Ratio Decidendi

Considering the complexity of the matter, possible criminal penalties, and that named HR personnel could not appropriately represent the Notifier, leave was granted for the Notifier to be represented by one solicitor and one barrister at the conciliation.

Court Disposition

Leave is granted to the Notifier to be represented at the conciliation of this matter by one solicitor and one barrister.

Orders

  • Leave granted for Notifier to be represented at conciliation by one solicitor and one barrister.