Crown Employees (Roads and Traffic Authority - Salaried Staff Salaries and Conditions of Employment) Award 2008 [2008] NSWIRComm 139

Crown Employees (Roads and Traffic Authority - Salaried Staff Salaries and Conditions of Employment) Award 2008 [2008] NSWIRComm 139

The balance of convenience, substantial overlap in subject matter, shared representative basis, and absence of practical impediment favoured joinder of the two applications so they could be heard together. Joinder would not prejudice the RTA’s claims for separate enterprise treatment, and was necessary to avoid duplicative or unfair proceedings against the PSA.

Jurisdiction
Australia
Judgment Date
31 July 2008
Procedural Posture
Award/interlocutory Proceedings / Joinder Application; Order for Joinder
Outcome
application for joinder granted
Legal Topics
['procedure Joinder of Applications' 'award Salaries and Conditions' 'public Sector Employment']
['industrial Relations'] ['procedure Joinder of Applications' 'award Salaries and Conditions' 'public Sector Employment']

Case Brief

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Procedural Posture

Award/interlocutory Proceedings / Joinder Application; Order for Joinder

Legal Issues

  1. 1 ['Whether it is proper and convenient to join two applications for new awards affecting Roads and Traffic Authority salaried staff and other public sector employees; Whether joinder would prejudice any party; Whether there is sufficient overlap between the applications to require joint proceedings']

Ratio Decidendi

The balance of convenience, substantial overlap in subject matter, shared representative basis, and absence of practical impediment favoured joinder of the two applications so they could be heard together. Joinder would not prejudice the RTA’s claims for separate enterprise treatment, and was necessary to avoid duplicative or unfair proceedings against the PSA.

Court Disposition

application for joinder granted

Orders

  • ['Matter Nos IRC 445 and 879 of 2008 joined for hearing together']