New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Kempsey Shire Council (No 3) [2016] NSWIRComm 7
As the actual dispute between the parties has been wholly resolved by settlement, and no live issue remains for determination, it would be inappropriate, and contrary to established principle, for the Commission to hand down a decision on the reserved arbitral proceedings.
- Jurisdiction
- Australia
- Judgment Date
- 01 July 2016
- Procedural Posture
- Industrial Dispute Arbitral Proceedings / Post Hearing, Decision Reserved, Proceedings Settled Before Decision Issued
- Outcome
- The Commission will not issue a decision in relation to the arbitral proceedings.
- Legal Topics
- ['industrial Disputes' 'arbitral Proceedings' 'settlement Before Decision' 'mootness']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Industrial Dispute Arbitral Proceedings / Post Hearing, Decision Reserved, Proceedings Settled Before Decision Issued
Legal Issues
- 1 ['Whether the Commission should hand down a decision in arbitral proceedings after the dispute has been wholly resolved by settlement']
Ratio Decidendi
As the actual dispute between the parties has been wholly resolved by settlement, and no live issue remains for determination, it would be inappropriate, and contrary to established principle, for the Commission to hand down a decision on the reserved arbitral proceedings.
Court Disposition
The Commission will not issue a decision in relation to the arbitral proceedings.
Orders
- ['No decision on the arbitral proceedings will issue']
Full Case Text
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