Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tristar Steering & Suspension Australia Ltd v Industrial Relations Commission of NSW [2007] FCA 348
ADMINISTRATIVE LAW – balance of convenience where interruption to non-party – whether 146(1)(d) of the Industrial Relations Act 1996 (NSW) rendered invalid by s 16(1) of the Workplace Relations Act 1996 (Cth) – whether obligations binding on employer or employees qua employer and employee as defined in s 16(1) of Workplace Relations Act 1996 (Cth) – whether s 164(1) of Industrial Relations Act 1996 (NSW) prescribes industrial rights and obligations of corporations and employees Workplace Relations Act 1996 (Cth) s 16(1) Industrial Relations Act 1996 (NSW) ss 146(1)(d), 164(1) Re Cortaus Limited (in liq); Sheahan v Joye & Ors (No. 2) (1996) 20 ACSR 576distinguished Re Pacific Coal Pty Ltd; Ex parte Construction, Forestry, Mining & Energy Union (2000) 203 CLR 346 cited TRISTAR STEERING AND SUSPENSION AUSTRALIA LIMITED v INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES AND NSW MINISTER FOR INDUSTRIAL RELATIONS NSD 354 OF 2007
EDMONDS J
9 MARCH 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 354 of 2007
BETWEEN: TRISTAR STEERING AND SUSPENSION AUSTRALIA LIMITED
Applicant
AND: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
First Respondent
NSW MINISTER FOR INDUSTRIAL RELATIONS
Second Respondent
JUDGE: EDMONDS J DATE OF ORDER: 9 MARCH 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The claim for interlocutory relief be refused. 2. Costs of the motion be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 354 of 2007
BETWEEN: TRISTAR STEERING AND SUSPENSION AUSTRALIA LIMITED
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