Broken Hill Chamber of Commerce and CFMEU (NSW Branch) [2002] NSWIRComm 244

Broken Hill Chamber of Commerce and CFMEU (NSW Branch) [2002] NSWIRComm 244

A stay of interim orders was refused because the orders only preserved the status quo for a short period, the balance of convenience favoured refusing the stay, there was no immediate operational inconsistency with federal law, and the orders were made within the Commission's jurisdiction to maintain industrial peace and protect its proceedings.

Jurisdiction
Australia
Judgment Date
20 September 2002
Procedural Posture
Industrial Relations Appeal / Application for Stay Pending Appeal Decision
Outcome
stay refused; appeal proceedings adjourned
Legal Topics
['stay of Proceedings' 'interim Orders' 'industrial Dispute' 'jurisdictional Issues' 'inconsistency of Laws' 'award Compliance']
['industrial Law' 'constitutional Law'] ['stay of Proceedings' 'interim Orders' 'industrial Dispute' 'jurisdictional Issues' 'inconsistency of Laws' 'award Compliance']

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Procedural Posture

Industrial Relations Appeal / Application for Stay Pending Appeal Decision

Legal Issues

  1. 1 ['Whether the Industrial Relations Commission of NSW can restrain parties from seeking agreements under s 170LK of the Workplace Relations Act 1996 (Cth)' "Scope and extent of the Commission's power to make interim orders under s 136(1)(d) of the Industrial Relations Act 1996" 'Whether interim orders create inconsistency with federal law under s 109 of the Constitution' 'Whether the making of the orders requires notification under s 78B of the Judiciary Act 1903 (Cth)']

Ratio Decidendi

A stay of interim orders was refused because the orders only preserved the status quo for a short period, the balance of convenience favoured refusing the stay, there was no immediate operational inconsistency with federal law, and the orders were made within the Commission's jurisdiction to maintain industrial peace and protect its proceedings.

Court Disposition

stay refused; appeal proceedings adjourned

Orders

  • ['The application for a stay against the orders of Deputy President Sams refused.' 'Appeal proceedings adjourned until not before midday on Thursday 26 September 2002.' 'Confirmation of previous directions and liberty to apply.' 'Should relevant Attorneys-General wish to intervene, submissions are to be filed by...