Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Industrial Relations Secretary [2017] NSWIRComm 1075

Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Industrial Relations Secretary [2017] NSWIRComm 1075

The dispute notification concerns an industrial matter and is not excluded by section 58(6) of the Government Sector Employment Act 2013 (NSW), as it does not relate to engagement or failure to engage. While employees may pursue alternate remedies until the expiry of the specific appeal period in section 100B(2) of the Industrial Relations Act 1996 (NSW), after which general dispute provisions cannot be used to circumvent mandatory limitations. Thus, the motion to strike out or permanently stay the proceedings is refused.

Jurisdiction
Australia
Judgment Date
08 December 2017
Procedural Posture
Interlocutory Application in Industrial Dispute / Determination of Strike Out and Permanent Stay Application
Outcome
Application to strike out and permanently stay the proceedings dismissed.
Legal Topics
['industrial Disputes' 'jurisdiction' 'public Sector Disciplinary Appeals' 'statutory Interpretation']
['industrial Law'] ['industrial Disputes' 'jurisdiction' 'public Sector Disciplinary Appeals' 'statutory Interpretation']

Case Brief

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Procedural Posture

Interlocutory Application in Industrial Dispute / Determination of Strike Out and Permanent Stay Application

Legal Issues

  1. 1 ['Whether the dispute notification concerns an industrial matter under the Industrial Relations Act 1996 (NSW)' "Whether the dispute relates to 'engagement or failure to engage' within section 58(6) of the Government Sector Employment Act 2013 (NSW)" "Whether Chapter 2 Part 7 of the Industrial Relations Act 1996 (NSW) is a 'single overarching framework' for disciplinary appeals, excluding general dispute provisions" "Whether the union's notification of dispute constitutes proceedings 'on behalf of' the individual employee"]

Ratio Decidendi

The dispute notification concerns an industrial matter and is not excluded by section 58(6) of the Government Sector Employment Act 2013 (NSW), as it does not relate to engagement or failure to engage. While employees may pursue alternate remedies until the expiry of the specific appeal period in section 100B(2) of the Industrial Relations Act 1996 (NSW), after which general dispute provisions cannot be used to circumvent mandatory limitations. Thus, the motion to strike out or permanently stay the proceedings is refused.

Court Disposition

Application to strike out and permanently stay the proceedings dismissed.

Orders

  • ['The application for orders 1 and 2 in the respondents Amended Notice of Motion filed on 13 September 2017 is dismissed.' 'The proceedings are listed for directions on Monday 18 December 2017.']