Smith v Spotless (No 1) [2005] NSWIRComm 341

Smith v Spotless (No 1) [2005] NSWIRComm 341

The Commission refused the Notice of Motion because it had no power to set aside the Terms of Settlement between the parties. The withdrawal of the USU was allowed and the applications continued by Mrs Smith on her own behalf. The question whether the agreement barred further proceedings, and whether an order under s 174 should be made, was left for later argument, with directions issued for arbitration.

Jurisdiction
Australia
Judgment Date
20 September 2005
Procedural Posture
Applications for Relief From Victimisation Under S 213 of the Industrial Relations Act 1996 and Unfair Dismissal Pursuant to S 84 of the Industrial Relations Act 1996 / Interlocutory Decision on Withdrawal of Union From Proceedings and Notice of Motion to Set Aside Terms of Settlement
Outcome
Notice of Motion refused; USU excused from proceedings; no order made under s 174 and no order as to costs; directions issued for arbitration.
Legal Topics
['unfair Dismissal' 'relief From Victimisation' 'terms of Settlement' 'conciliation' 'withdrawal of Agent' 'jurisdiction to Set Aside Agreement' 'costs' 'directions']
['industrial Relations' 'employment Law'] ['unfair Dismissal' 'relief From Victimisation' 'terms of Settlement' 'conciliation' 'withdrawal of Agent' 'jurisdiction to Set Aside Agreement' 'costs' 'directions']

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Procedural Posture

Applications for Relief From Victimisation Under S 213 of the Industrial Relations Act 1996 and Unfair Dismissal Pursuant to S 84 of the Industrial Relations Act 1996 / Interlocutory Decision on Withdrawal of Union From Proceedings and Notice of Motion to Set Aside Terms of Settlement

Legal Issues

  1. 1 ['Whether the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union should be permitted to withdraw as agent and the applications continue by Mrs Smith on her own behalf.' 'Whether the Commission had power to set aside the Terms of Settlement dated 25 May 2005.' 'Whether the Terms of Settlement were a bar to further proceedings or could found an order under s 174 of the Industrial Relations Act 1996.' 'Whether costs should be ordered against Mrs Smith for bringing the Notice of Motion.']

Ratio Decidendi

The Commission refused the Notice of Motion because it had no power to set aside the Terms of Settlement between the parties. The withdrawal of the USU was allowed and the applications continued by Mrs Smith on her own behalf. The question whether the agreement barred further proceedings, and whether an order under s 174 should be made, was left for later argument, with directions issued for arbitration.

Court Disposition

Notice of Motion refused; USU excused from proceedings; no order made under s 174 and no order as to costs; directions issued for arbitration.

Orders

  • ['The USU were excused from proceedings which continue as applications by Mrs Smith on her own behalf.' 'The Notice of Motion to set aside the Terms of Settlement was refused.' "No ruling was given on the respondent's application for an order pursuant to s 174 of the Industrial Relations Act 1996." 'No order as to...