SafeWork NSW v Lipman Pty Ltd [2023] NSWIRComm 1034

Industrial Relations Commission New South Wales Medium Neutral Citation: SafeWork NSW v Lipman Pty Ltd [2023] NSWIRComm 1034 Hearing dates: 7 and 20 March 2023 Date of orders: 19 April 2023 Decision date: 19 April 2023 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 – Leave to appeal – whether appeal raises substantial issues of principle or law, with wider implications for the Commission's jurisprudence – whether utility in granting leave to appeal Legislation Cited: Industrial Relations Act 1996 ss 187, 188, 191 Work Health and Safety Act 2011 ss 19, 191, 195, 229 Work Health and Safety Regulation 2017 cll 38, 213 Cases Cited: Fraser v Commissioner of Fire and Rescue NSW [2022] NSWIRComm 1026 Growthbuilt Pty Ltd v SafeWork NSW [2018] NSWIRComm 1002 House v The King (1936) 55 CLR 499; [1936] HCA 40 Humphries v Cootamundra Ex-Services and Citizens Memorial Club Limited (2003) 128 IR 37; [2003] NSWIRComm 211 Lipman Pty Ltd v SafeWork NSW [2021] NSWIRComm 1088 Mace v Murray (1955) 92 CLR 370; [1955] HCA 2 Margaritte Joanne Colefax v Secretary, Department of Education (No. 3) [2019] NSWIRComm 1000 Paula Lee and Ausgrid (No 6) [2013] NSWIRComm 62 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Simon Anthony Green Wilkeen Pty Ltd t/as Razorback Glass v SafeWork NSW [2018] NSWIRComm 1074 Visscher v SafeWork NSW (No 3) [2023] NSWSC 317 Watpac Construction Pty Ltd v The Regulator (under the Work Health and Safety Act) [2021] QIRC 375 Wei Fen Xian and Rail Corporation New South Wales [2010] NSWIRComm 46 Texts Cited: Nil Category: Principal judgment Parties: SafeWork NSW (Appellant) Lipman Pty Ltd (Respondent) Representation: Counsel: I Taylor SC with M Moir (Appellant) B Hodgkinson SC with C Magee (Respondent) Solicitors: Department of Customer Service (Appellant) Mills Oakley (Respondent) File Number(s): 2021/00348354 Publication restriction: No Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: [2021] NSWIRComm 1088 Date of Decision: 17 November 2021 Before: Commissioner Murphy File Number(s): 2021/00123781