Australian Services Union of NSW & Ors v Transport Secretary (Transport for NSW) [2021] NSWIRComm 1059

Industrial Relations Commission New South Wales Medium Neutral Citation: Australian Services Union of NSW & Ors v Transport Secretary (Transport for NSW) [2021] NSWIRComm 1059 Hearing dates: 21 July 2021 Date of orders: 29 July 2021 Decision date: 29 July 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Application is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes – Dispute orders – application for interim orders – whether jurisdiction exists to make interim orders – whether balance of convenience in favour of orders Legislation Cited: Fair Work Act 2009 (Cth) ss 14, 26 Industrial Relations Act 1996 (NSW) ss 3, 130, 136, 137, 146 Transport Administration Act 1988 (NSW) ss 3C, 3E, 36, 37, 64A, 64D, 68B Workplace Relations Act 1996 (Cth) s 16 Cases Cited: Australian Broadcasting Commission v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Barrier Industrial Council dispute with Broken Hill Chamber of Commerce and Others re Breach of Award and The Construction, Forestry, Mining and Energy Union (New South Wales Branch) dispute with Broken Hill Chamber of Commerce and Others re alleged breach of Award [2002] NSWIRComm 232 Broken Hill Chamber of Commerce and CFMEU (NSW Branch) [2002] NSWIRComm 244 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales on behalf of Pearcey, Barnett and Woelfl v Department of Attorney General and Justice - Corrective Services NSW [2012] NSWIRComm 33 Sydney Water Corporation and Australian Services Union (New South Wales and Australian Capital Territory Branch) [2005] NSWIRComm 305 Tristar Steering and Suspension Limited v Industrial Relations Commission of New South Wales [2007] FCAFC 50 Texts Cited: Nil Category: Procedural rulings Parties: Australian Services Union of NSW (First Applicant) Rail, Tram and Bus Union of New South Wales (Second Applicant) The Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch) (Third Applicant) Transport Secretary (Respondent) Representation: T Slevin of Counsel (Applicants) M Baroni of Counsel (Respondent) File Number(s): 2021/181939, 2021/183351 and 2021/185379 Publication restriction: No