Tudor v SafeWork NSW [2022] NSWIRComm 1045

Industrial Relations Commission New South Wales Medium Neutral Citation: Tudor v SafeWork NSW [2022] NSWIRComm 1045 Hearing dates: 12 November 2021. Last written submissions received 29 November 2021 Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Application for external review dismissed Catchwords: WORK HEALTH AND SAFETY – application for external review – provisional improvement notice – notice of motion – frivolous or vexatious – no reasonable cause of action – abuse of process - costs Legislation Cited: Industrial Relations Act 1996 Work Health and Safety Act 2011 Cases Cited: Attorney-General v Wentworth (1988) 14 NSWLR 481 Australian Rail Tram and Bus Industry Union v Sydney Trains [2020] FWC 1457 Australian Rail, Tram and Bus Industry Union v Sydney Trains [2020] FWCFB 4178 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Silsbury v Health Secretary in respect of Western Sydney Local Health District [2021] NSWIRComm 1004 Texts Cited: Macquarie Dictionary Shorter Oxford Dictionary Category: Principal judgment Parties: Richard Tudor (Applicant) SafeWork NSW (Respondent) Sydney Trains (Intervenor) Representation: Counsel: Mr P Boncardo (Applicant) Mr C Magee (Respondent) Ms V Bulut (Intervenor)

Solicitors: Ms M Kington, Principal Solicitor, Litigation, Government and Corporate Services, Department of Customer Service (Respondent) Ms S Reid, Partner, and Mr N Roberts, Senior Associate, McCullough Robertson Lawyers (Intervenor) File Number(s): 2021/00194285 Publication restriction: Nil