Transport Workers’ Union of NSW and Ors v SafeWork NSW and Anor [2021] NSWIRComm 1018

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Workers' Union of NSW and Ors v SafeWork NSW and Anor [2021] NSWIRComm 1018 Hearing dates: 10 March 2021 Date of orders: 10 March 2021 Decision date: 10 March 2021 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan, Commissioner Webster Decision: Notice of Motion dismissed Catchwords: Appeal – motion to introduce fresh evidence – limited relevance of fresh evidence to Leave to Appeal – motion dismissed Legislation Cited: Industrial Relations Act 1996 (NSW), ss 187, 188, 191 Work Health and Safety Act 2011 (NSW) s 299 Cases Cited: Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Category: Procedural rulings Parties: Transport Workers' Union of NSW (first appellant) Marcello Batista (second appellant) Shuhel Hussain (third appellant) Igor Perino (fourth appellant) Stephen Liang Gie Khouw (fifth appellant) Ashley Clive Moreland (sixth appellant) Luigi Amoresano (seventh appellant)

Safework NSW (first respondent) Deliveroo Australia Pty Ltd (second respondent) Representation: Counsel: P Boncardo (first appellant) C Magee (first respondent)

Solicitors: Minter Ellison (second respondent) File Number(s): 2020/322775 Publication restriction: Nil Decision under appeal Court or tribunal: Industrial Relations Commission of NSW Citation: Ex tempore decision, 12 October 2020, TR3063 Date of Decision: 12 October 2020 Before: Commissioner Murphy File Number(s): 2020/196913, 2020/196940, 2020/196962, 2020/196998, 2020/197011, 2020/197023, 2020/252735