Roger Coyne v Ansett Australia Limited [1996] IRCA 37

DECISION NO: 37/96 C A T C H W O R D S INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - review of DECISION of JUDICIAL REGISTRAR - whether stay APPLICATION can be heard by JUDICIAL REGISTRAR - appropriate test for determining whether the ORDERS of a JUDICIAL REGISTRAR should be stayed. INDUSTRIAL RELATIONS ACT 1988 Ss 170EA, 376(1), 376(7), 377 INDUSTRIAL RELATIONS COURT RULES, O37r10, O74, O74r2 Wyndham Lodge Nursing Home Inc v Cecile Reader (unreported, IRCA No. 555/95, Marshall J, 4 October 1995) Andrews v Uniting Church in Australia Frontier Services trading as Old Timers (unreported, IRCA No. 478/95, Gray J, 19 September 1995) Bysouth v Tawlord Nominees Pty Ltd (unreported, IRCA No 382/95, Keely J, 27 June 1995) Westaflex (Aust) Pty Ltd and Others v Wood and Others (1990) 18 IPR 168 Alexander v Cambridge Credit Corporation Ltd (1985) 2 NFWLR 685 ROGER COYNE -v- ANSETT AUSTRALIA LIMITED - WI 1956 of 1995 BEFORE: BOON JR PLACE: PERTH DATE: 8 FEBRUARY 1996

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WI 1956 of 1995 BETWEEN: ROGER COYNE - Applicant AND: ANSETT AUSTRALIA LIMITED - Respondent MINUTE OF ORDERS BEFORE: BOON JR PLACE: PERTH DATE: 8 FEBRUARY 1996 THE COURT ORDERS THAT: 1. The operation of the orders made on 22 December 1995 determining the application filed pursuant to Section 170EA of the Act in respect of the termination of the employment of Roger Coyne be stayed pending the hearing and determination of the review or until further order of the Court. 2. The respondent, Ansett Australia Limited, pay the amount of $14,551.15, being compensation ordered to be paid between the date of termination and 22 December 1995, within seven days of this date to the Registrar of the Court to be held in trust in an interest bearing account pending the hearing and determination of this matter or until further order. 3. The matter be adjourned to a directions hearing on 15 February at 9.30 am. NOTE: Settlement and entry of Orders is dealt with by Order 36 of the Industrial Relations Court Rules