Secretary of the Department of Education v Australian Education Union of New South Wales Teachers Federation Branch [2022] NSWIRComm 1049

Industrial Relations Commission New South Wales Medium Neutral Citation: Secretary of the Department of Education v Australian Education Union of New South Wales Teachers Federation Branch [2022] NSWIRComm 1049 Hearing dates: 29 June 2022 Date of orders: 29 June 2022 Decision date: 04 July 2022 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan, and Commissioner Webster Decision: Leave to appeal is refused Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Appeals – appeal from decision not to make dispute orders – whether leave to appeal ought to be granted Legislation Cited: Industrial Relations Act 1996 ss 130, 135, 137, 187, 188 Industrial Relations (Public Sector Conditions of Employment) Amendment Regulation 2022 Teaching Service Act 1980 s 44 Cases Cited: Antonakopoulos v State Bank of NSW (1999) 91 IR 385 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 456 House v The King (1936) 55 CLR 499; [1936] HCA 40 Industrial Relations Secretary v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2022] NSWIRComm 1042 King v State Bank of New South Wales (No 2) [2002] NSWIRComm 353 Knowles v Anglican Church Property Trust (No. 2) [1999] NSWIRComm 576; (1999) 95 IR 380 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and Department of Industry and Investment [2010] NSWIRComm 121 Wei Fen Xian and Rail Corporation New South Wales [2010] NSWIRComm 46 Zopf v Industrial Relations Secretary on behalf of the Department of Customer Service [2020] NSWIRComm 1012 Texts Cited: Nil Category: Principal judgment Parties: Secretary of the Department of Education (Appellant) Australian Education Union of New South Wales Teachers Federation Branch (Respondent) Representation: Counsel: H Pararajasingham (Appellant) S Crawshaw SC, M Gibian SC and L Saunders (Respondent) Solicitors: Crown Solicitor (Appellant) New Law (Respondent) File Number(s): 2022/00188373 Publication restriction: Nil Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: Decision delivered ex tempore on transcript Date of Decision: 27 June 2022 Before: Commissioner O'Sullivan File Number(s): 2022/00182963