Secretary of the Department of Education v Williams (No 2) [2023] NSWIRComm 1119

Industrial Relations Commission New South Wales Medium Neutral Citation: Secretary of the Department of Education v Williams (No 2) [2023] NSWIRComm 1119 Hearing dates: Determined on the papers Date of orders: 12 December 2023 Decision date: 12 December 2023 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Muir Decision: Ms Williams' application for costs on the appeal is dismissed Catchwords: COSTS – Party/Party – Appeals – leave to appeal granted but appeal dismissed – application for costs on the appeal – whether the Commission is empowered to award costs in appeals from decisions under Ch 2 Pt 7 of the Industrial Relations Act 1996 Legislation Cited: Government and Related Employees Appeal Tribunal Act 1980 Industrial Relations Act 1996 Ch 2 Pt 6, Ch 2 Pt 7, Ch 4 Pt 7, ss 181, 187, 197B Industrial Relations Amendment (Public Sector Appeals) Act 2010 Industrial Relations Amendment (Public Sector Appeals) Bill Interpretation Act 1987 s 34 Teaching Service Act 1980 ss 7, 44 Cases Cited: Bankstown City Council v Paris (1999) 93 IR 209 Carlton and United Beverages Limited & Brunt [2007] NSWIRComm 135 D & R Commercial Pty Ltd and Flood (No 2) [2003] NSWIRComm 237 Department of Community Services and Bragg (No 2) [2000] NSWIRComm 28 Department of Health v Perihan Kaplan (No 4) [2011] NSWIRComm 63 Director-General of Education and Training and Bond (No 2) [2009] NSWIRComm 59 Four Sons Pty Limited v Sakchai Limsiripothong (No 2) (2000) 100 IR 400; [2000] NSWIRComm 131 IGA Distribution Pty Limited and Moses (No 3) [2003] NSWIRComm 230 Margaritte Joanne Colefax v Secretary, Department of Education (No 4) [2019] NSWIRComm 1017 Pendergast v Tony Blain Pty Ltd [2000] NSWIRComm 107 Re Coldham; Ex parte Australian Building Construction Employees' & Builders Labourers' Federation (1985) 13 IR 98; [1986] HCA 87 Re Operational Ambulance Officers (State) Award (No 2) [2011] NSWIRComm 85 Secretary of the Department of Education v Williams [2023] NSWIRComm 1098 Ters v Health Secretary in respect of the South Western Sydney Local Health District (No 2) [2023] NSWIRComm 1023 Williams v Secretary of the Department of Education [2023] NSWIRComm 1032 Youssef and Western Sydney Area Health Service (No 3) [2004] NSWIRComm 124 Texts Cited: Nil Category: Costs Parties: Secretary of the Department of Education (Appellant) Vita Bernadetta Williams (Respondent) Representation: Counsel: A Britt (Appellant) S Steele SC (Respondent) Solicitors: Kennedys Law (Respondent) File Number(s): 2023/00144271 Publication restriction: 1. An order pursuant to s 164A(1)(a) of the Industrial Relations Act 1996, prohibiting: a. the disclosure of the name, address, picture or any other material that identifies, or may lead to the identification of, or the doing of any other thing that identifies, or may lead to the identification of: i. [name redacted]; ii. [name redacted]; iii. [name redacted]; or iv. [name redacted]. b. the disclosure of the name, address, picture or any other material that identifies, or may lead to the identification of any other student or the doing of any other thing that identifies, or may lead to the identification of any other student. 2. An order pursuant to s 164A(1)(c) of the Industrial Relations Act 1996, that publication of evidence given before the Commission or matters contained in the documents lodged with the Commission or received in evidence by the Commission is restricted to the extent that it may lead to the identification of: i. [name redacted]; ii. [name redacted]; iii. [name redacted]; iv. [name redacted]; or v. Any other student. 3. An order pursuant to s 164A(1)(a) of the Industrial Relations Act 1996, that access to the Commission file in the matter of Secretary, New South Wales Department of Education v Vita Bernadetta Williams (file no. 2023/00144271) is restricted such that the parties will be consulted by the Industrial Relations Registrar to determine whether there is any objection before any person (other than the parties) may be granted access. 4. Orders 1, 2 and 3 may be varied or revoked pursuant to s 164A(4) of the Industrial Relations Act 1996 by a single Commissioner. 5. Orders 1, 2 and 3 remain in force for 30 years unless varied or revoked sooner. Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: Williams v Secretary of the Department of Education [2023] NSWIRComm 1032 Date of Decision: 14 April 2023 Before: Commissioner Webster File Number(s): 2020/00282137