Rail, Tram & Bus Union NSW Branch v Transport Workers’ Union of New South Wales [2020] NSWIRComm 1081

Rail, Tram & Bus Union NSW Branch v Transport Workers’ Union of New South Wales [2020] NSWIRComm 1081

The appeal was allowed because, even if the appellant was served on 8 May 2020, the Industrial Registrar made the Decision before the expiry of a clear 7 days' notice, no notice of hearing was given, and the appellant and other parties on the party card were denied an opportunity to be heard and to contest the factual matters and arguments concerning the applicant's claimed interest in the Award.

Jurisdiction
Australia
Judgment Date
27 November 2020
Procedural Posture
Appeal Against a Decision of the Industrial Registrar to Add an Organisation to the Party Card for the State Transit Authority Bus Operations Enterprise (state) Award 2018 / Determined on the Papers
Outcome
Appeal upheld
Legal Topics
['appeal' 'party Cards for Industrial Awards' 'procedural Fairness' 'opportunity to Be Heard']
['industrial Relations' 'administrative Law'] ['appeal' 'party Cards for Industrial Awards' 'procedural Fairness' 'opportunity to Be Heard']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal Against a Decision of the Industrial Registrar to Add an Organisation to the Party Card for the State Transit Authority Bus Operations Enterprise (state) Award 2018 / Determined on the Papers

Legal Issues

  1. 1 ["Whether the appellant was denied procedural fairness by not being given an opportunity to oppose the applicant's application to be included on the party card of the Award." 'Whether the Decision of the Industrial Registrar should be quashed and the matter remitted for redetermination.']

Ratio Decidendi

The appeal was allowed because, even if the appellant was served on 8 May 2020, the Industrial Registrar made the Decision before the expiry of a clear 7 days' notice, no notice of hearing was given, and the appellant and other parties on the party card were denied an opportunity to be heard and to contest the factual matters and arguments concerning the applicant's claimed interest in the Award.

Court Disposition

Appeal upheld

Orders

  • ['The Decision of the Industrial Registrar be quashed.' 'The Industrial Registrar redetermine the application in accordance with this decision.']