State Working Hours Case 2002, Re - Statement of the Full Bench [2002] NSWIRComm 350

State Working Hours Case 2002, Re - Statement of the Full Bench [2002] NSWIRComm 350

Despite opposition from some parties, the Full Bench concluded that the President of the Anti-Discrimination Board had established an appropriate basis for leave to intervene, while noting that intervention did not confer party status and that the intervenor's role remained subject to the Commission's discretion.

Jurisdiction
Australia
Judgment Date
16 December 2002
Procedural Posture
Summons to Show Cause Commission on Its Own Initiative Pursuant to Part 3 of Chapter 2 of the Industrial Relations Act 1996 / Application for Intervention Before Listed Hearing
Outcome
Application for intervention granted; reasons to be provided in due course.
Legal Topics
['intervention' 'unlawful Discrimination' 'family Responsibilities' 'responsibilities as a Carer']
['industrial Relations' 'anti Discrimination' 'practice and Procedure'] ['intervention' 'unlawful Discrimination' 'family Responsibilities' 'responsibilities as a Carer']

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Procedural Posture

Summons to Show Cause Commission on Its Own Initiative Pursuant to Part 3 of Chapter 2 of the Industrial Relations Act 1996 / Application for Intervention Before Listed Hearing

Legal Issues

  1. 1 ['Whether the President of the Anti-Discrimination Board should be granted leave to intervene under s 167(2) of the Industrial Relations Act 1996.' 'Whether any proposed settlement referring to "family responsibilities" should instead refer to "responsibilities as a carer" having regard to Part 4B of the Anti-Discrimination Act 1977.']

Ratio Decidendi

Despite opposition from some parties, the Full Bench concluded that the President of the Anti-Discrimination Board had established an appropriate basis for leave to intervene, while noting that intervention did not confer party status and that the intervenor's role remained subject to the Commission's discretion.

Court Disposition

Application for intervention granted; reasons to be provided in due course.

Orders

  • ['Leave to intervene granted to the President of the Anti-Discrimination Board.']