Emma Williams v Health Services Union NSW ABN 85037751682 and Anor [2019] NSWIRComm 1032

Emma Williams v Health Services Union NSW ABN 85037751682 and Anor [2019] NSWIRComm 1032

The improvement notices were issued to the HSU, not to Ms Williams. The notices related only to the Member Services Division/Call Centre and HSU Union Organisers workgroups, while Ms Williams worked in and represented the Industrial Services Division. The evidence did not establish that the decision to set aside the notices actually affected her interests, or that she represented a worker whose interests were affected. She was therefore not an eligible person under s 223 and had no standing to bring the s 229 application, so the application had to be dismissed.

Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Application for External Review Under S 229 of the Work Health and Safety Act 2011 (nsw) / Notice of Motion by the First Respondent Challenging Standing; Procedural Ruling and Dismissal
Outcome
The first respondent's name was amended by consent and the proceedings were dismissed.
Legal Topics
['external Review of Safe Work NSW Decision' 'eligible Person Under Work Health and Safety Act 2011 (nsw) S 223' 'improvement Notices' 'health and Safety Representatives' 'standing' 'statutory Construction']
['work Health and Safety' 'administrative Review' 'industrial Relations Procedure'] ['external Review of Safe Work NSW Decision' 'eligible Person Under Work Health and Safety Act 2011 (nsw) S 223' 'improvement Notices' 'health and Safety Representatives' 'standing' 'statutory Construction']

Case Brief

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Procedural Posture

Application for External Review Under S 229 of the Work Health and Safety Act 2011 (nsw) / Notice of Motion by the First Respondent Challenging Standing; Procedural Ruling and Dismissal

Legal Issues

  1. 1 ['Whether the applicant was an eligible person entitled to apply for external review under s 229 of the Work Health and Safety Act 2011 (NSW).' 'Whether the applicant was the person to whom the improvement notices were issued.' 'Whether the applicant was a worker whose interests were affected by the decision to set aside the improvement notices.' 'Whether the applicant was a health and safety representative who represented a worker whose interests were affected by the decision.']

Ratio Decidendi

The improvement notices were issued to the HSU, not to Ms Williams. The notices related only to the Member Services Division/Call Centre and HSU Union Organisers workgroups, while Ms Williams worked in and represented the Industrial Services Division. The evidence did not establish that the decision to set aside the notices actually affected her interests, or that she represented a worker whose interests were affected. She was therefore not an eligible person under s 223 and had no standing to bring the s 229 application, so the application had to be dismissed.

Court Disposition

The first respondent's name was amended by consent and the proceedings were dismissed.

Orders

  • ['By consent, the name of the first respondent to these proceedings is amended to "Health Services Union NSW ABN 85037751682".' 'The proceedings are dismissed.']