NSW Teachers Federation v Industrial Relations Commission of NSW [2009] NSWCA 422

NSW Teachers Federation v Industrial Relations Commission of NSW [2009] NSWCA 422

The President and Deputy President, by joining in giving directions in aid of conciliation, had not themselves attempted conciliation within the meaning of s 173(1); only Vice President Walton had attempted conciliation, so the other members were not disqualified from exercising arbitration powers.

Jurisdiction
Australia
Judgment Date
07 December 2009
Procedural Posture
Judicial Review / Court of Appeal Decision
Outcome
Summons dismissed with costs
Legal Topics
['conciliation' 'arbitration' 'disqualification of Judicial Officers' 'directions of Full Bench']
['industrial Law'] ['conciliation' 'arbitration' 'disqualification of Judicial Officers' 'directions of Full Bench']

Case Brief

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Procedural Posture

Judicial Review / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether members of the Full Bench of the Industrial Relations Commission were disqualified from exercising arbitration powers for having attempted conciliation under s 173 of the Industrial Relations Act']

Ratio Decidendi

The President and Deputy President, by joining in giving directions in aid of conciliation, had not themselves attempted conciliation within the meaning of s 173(1); only Vice President Walton had attempted conciliation, so the other members were not disqualified from exercising arbitration powers.

Court Disposition

Summons dismissed with costs

Orders

  • ['Summons dismissed with costs']