Sparke v State Training Services [2014] NSWIRComm 3

Sparke v State Training Services [2014] NSWIRComm 3

Neither of the applications fall within the definition of 'pending proceedings' before a Full Bench as required under Sch 4, cl 58(1)-(3) IR Act. As neither was heard nor part-heard by a Full Bench before 20 December 2013 ('abolition day'), both must be sent to the President to be dealt with as pending proceedings in the Supreme Court. The Court as presently constituted has no power to determine the appeals or grant leave as required; only procedural/interlocutory matters where an application is made may be entertained.

Jurisdiction
Australia
Judgment Date
17 February 2014
Procedural Posture
Two Applications for Leave to Appeal and Appeal / Interlocutory/procedural Ruling on Jurisdiction and Transfer
Outcome
Proceedings transferred; both matters to be sent to the President for treatment as pending proceedings in the Supreme Court.
Legal Topics
['jurisdiction of Industrial Relations Commission' 'appeals Under Apprenticeship and Traineeship Act 2001' 'transitional Provisions' 'authority of Full Bench' 'effect of Statutory Amendments' 'section 190 a IR Act']
['industrial Law' 'administrative Law' 'appeals' 'procedural Law'] ['jurisdiction of Industrial Relations Commission' 'appeals Under Apprenticeship and Traineeship Act 2001' 'transitional Provisions' 'authority of Full Bench' 'effect of Statutory Amendments' 'section 190 a IR Act']

Case Brief

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Procedural Posture

Two Applications for Leave to Appeal and Appeal / Interlocutory/procedural Ruling on Jurisdiction and Transfer

Legal Issues

  1. 1 ['Whether the Commission has jurisdiction to hear the applications for leave to appeal and appeal given statutory amendments' "Whether the applications are 'pending proceedings' under Sch 4, cl 58(1)-(3) of the Industrial Relations Act 1996" 'The effect of the amendments abolishing the Full Bench and transferring jurisdiction to the Supreme Court' "Competency of further appeal against a decision that is stated to be 'final' under s 55(4) Apprenticeship and Traineeship Act 2001"]

Ratio Decidendi

Neither of the applications fall within the definition of 'pending proceedings' before a Full Bench as required under Sch 4, cl 58(1)-(3) IR Act. As neither was heard nor part-heard by a Full Bench before 20 December 2013 ('abolition day'), both must be sent to the President to be dealt with as pending proceedings in the Supreme Court. The Court as presently constituted has no power to determine the appeals or grant leave as required; only procedural/interlocutory matters where an application is made may be entertained.

Court Disposition

Proceedings transferred; both matters to be sent to the President for treatment as pending proceedings in the Supreme Court.

Orders

  • ['Both matters to be sent to the President with a view to dealing with the proceedings as pending proceedings in the Supreme Court.']