The Australian Rail, Tram and Bus Industry Union, New South Wales v Transport Secretary; and; Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch v Transport Secretary [2018] NSWIRComm 1019

The Australian Rail, Tram and Bus Industry Union, New South Wales v Transport Secretary; and; Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch v Transport Secretary [2018] NSWIRComm 1019

The Commissioner had sufficient evidence before him regarding threatened industrial action and correctly exercised discretion to make dispute orders. Misdescription of unions did not constitute jurisdictional error as Commissioner intended to direct orders to relevant State registered organisations and correctly applied the slip rule under r 36.17 of UCPR to amend accidental slips. No error of law or principle warranting leave to appeal was identified.

Parties
First Appellant: The Australian Rail, Tram and Bus Industry Union, New South Wales; Second Appellant: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch; Respondent: Transport Secretary; Intervener: Minister for Industrial Relations
Jurisdiction
Australia
Judgment Date
10 April 2018
Procedural Posture
Appeal / Application for Leave to Appeal
Outcome
Leave to appeal refused
Legal Topics
Industrial Action, Dispute Orders, Misdescription of Parties, Slip Rule
Industrial Law Practice and Procedure Industrial Action Dispute Orders Misdescription of Parties Slip Rule

Case Brief

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Parties

The Australian Rail, Tram and Bus Industry Union, New South Wales

First Appellant

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch

Second Appellant

Transport Secretary

Respondent

Minister for Industrial Relations

Intervener

Procedural Posture

Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 whether there was sufficient evidence of actual or threatened industrial action
  2. 2 whether the description of unions in the orders constituted jurisdictional error
  3. 3 whether the slip rule under r 36.17 of the Uniform Civil Procedure Rules 2005 (NSW) was correctly applied

Ratio Decidendi

The Commissioner had sufficient evidence before him regarding threatened industrial action and correctly exercised discretion to make dispute orders. Misdescription of unions did not constitute jurisdictional error as Commissioner intended to direct orders to relevant State registered organisations and correctly applied the slip rule under r 36.17 of UCPR to amend accidental slips. No error of law or principle warranting leave to appeal was identified.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal refused in both matters