Depa v Blue Mountains City Council [2004] NSWIRComm 216

Depa v Blue Mountains City Council [2004] NSWIRComm 216

The Commission lacks jurisdiction to deal with disputes relating to the employment of a senior staff member of the Council under s 340(2) of the Local Government Act 1993; accordingly, it cannot proceed further with the notification by depa.

Jurisdiction
Australia
Judgment Date
30 July 2004
Procedural Posture
Notification of Industrial Dispute / Jurisdictional Ruling
Outcome
Notification dismissed for lack of jurisdiction; file closed
Legal Topics
['industrial Dispute' 'jurisdiction of Industrial Relations Commission' 'local Government Senior Staff' 'natural Justice']
['industrial Law'] ['industrial Dispute' 'jurisdiction of Industrial Relations Commission' 'local Government Senior Staff' 'natural Justice']

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Procedural Posture

Notification of Industrial Dispute / Jurisdictional Ruling

Legal Issues

  1. 1 ['Whether the Industrial Relations Commission has jurisdiction to conciliate or arbitrate disputes concerning employment of senior staff under the Local Government Act 1993' "Whether the dispute notified by the Development and Environmental Professionals Association falls within the Commission's jurisdiction"]

Ratio Decidendi

The Commission lacks jurisdiction to deal with disputes relating to the employment of a senior staff member of the Council under s 340(2) of the Local Government Act 1993; accordingly, it cannot proceed further with the notification by depa.

Court Disposition

Notification dismissed for lack of jurisdiction; file closed

Orders

  • ['The report back listed on 11 August 2004 is vacated.' 'The file is closed.']