Police Association of New South Wales v Commissioner of Police, NSW Police Force [2023] NSWIRComm 1095

Industrial Relations Commission New South Wales Medium Neutral Citation: Police Association of New South Wales v Commissioner of Police, NSW Police Force [2023] NSWIRComm 1095 Hearing dates: 9 June; 18 July 2023. Last submissions received 25 July 2023. Date of orders: 20 September 2023 Decision date: 20 September 2023 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Webster, Commissioner McDonald Decision: Leave to appeal granted. Appeal dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Appeals – application for leave to appeal – Commissioner at first instance exercised discretion not to grant orders sought pursuant to ss 136 and 137 of Industrial Relations Act 1996 to prevent medical retirement of police officer pursuant to s 94B of the Police Act 1990 – no practical utility in appeal –– appeal raises significant questions with implications for jurisprudence of Commission – leave to appeal granted – relevance of collective character of dispute in exercising discretion to grant relief in industrial dispute proceedings – Collective character relevant to making dispute orders pursuant to s 137 – appeal dismissed Legislation Cited: Commonwealth of Australia Constitution Act Industrial Relations Act 1996 (NSW) ss 3, 6, 84, 89, 130, 132, 133, 134, 135, 136, 137, 139, 187, 188, 191, 193 Police Act 1990 (NSW) s 94B Workers Compensation Act 1998 (NSW) Workplace Injury Management and Worker's Compensation Act 1998 (NSW) s 49 Workplace Relations Act 1996 (Cth) Cases Cited: Australian Workers' Union, New South Wales v BlueScope Steel (AIS) Pty Ltd (2006) 151 IR 153 Bass v Permanent Trustee Company Ltd (1999) 198 CLR 334 Bluescope Steel (AIS) Ltd v Australian Workers' Union (NSW) (2005) 138 IR 324 Chapman v State of Queensland [2012] QCA 134 David v Amalgamated Television Services Pty Ltd (1998) EOC 92-963; (1998) 81 IR 364 Davies v Kyogle Council [2008] NSWIRComm 90 Federated Municipal and Shire Council Employees' Union v Energy Australia (1999) 90 IR 311 Fraser v Commissioner of Fire and Rescue NSW [2022] NSWIRComm 1026 House v The King (1936) 55 CLR 499 Integral Energy v Allen (2001) 107 IR 456 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Mace v Murray (1955) 92 CLR 370 Monk v Dow Corning Australia Pty Ltd [1984] 2 NSWLR 485; [1984] AR (NSW) 291 Mullins v Director General, NSW Department of Education and Training [2006] NSWIRComm 258 Nursing and Midwifery Board of Australia v HSK (2019)1 QR 600 Police Association of New South Wales (obo Alchin) v Commissioner of Police [2023] NSWIRComm 1003 Police Association of New South Wales v Commissioner of Police [2023] NSWIRComm 1001 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Secretary of the Ministry of Health v The New South Wales Nurses and Midwives' Association [2022] NSWSC 1178; (2022) 320 IR 249 Sydney Water Corporation and Australian Services Union (New South Wales and Australian Capital Territory Branch) [2005] NSWIRComm 305; (2005) 146 IR 388 Unions NSW v Carter Holt Harvey Wood Products Australian Pty Ltd (2006) 149 IR 361; [2006] NSWIRComm 2 Category: Principal judgment Parties: Police Association of New South Wales (appellant) Commissioner of Police, NSW Police Force (respondent) Representation: Counsel: M Gibian SC (appellant) B Hodgkinson SC with K Brotherson (respondent)