Western Sydney Area Health Service v Australian Salaried Medical Officers' Federation (NSW) [2004] NSWIRComm 246

Industrial Relations Commission of New South Wales

CITATION : Western Sydney Area Health Service v Australian Salaried Medical Officers' Federation (NSW) [2004] NSWIRComm 246 APPLICANT Western Sydney Area Health Service PARTIES : RESPONDENT Australian Salaried Medical Officers' Federation FILE NUMBER: IRC 6289 of 2003 and 2680 of 2004 CORAM: Wright J President; Boland J; Patterson C Appeal - Applications for leave to appeal and appeal against two interlocutory judgments and orders - Threatened dismissal - Power of Commission to make interim orders - Scope of interim orders under s 89 of Industrial Relations Act 1996 - Leave granted - Appeal upheld - Decisions and orders set aside - New orders made CATCHWORDS : Unfair dismissal - Appeal - Applications for leave to appeal and appeal against two interlocutory judgments and orders - Threatened dismissal - Power of Commission to make interim orders - Scope of interim orders under s 89 of Industrial Relations Act 1996 - Leave granted - Appeal upheld - Decisions and orders set aside - New orders made Industrial Relations Act 1996 s 83(5) s 84 s 87(1) s 89(5) s 89(7) s 89(8) s 188(1) s 188(2) LEGISLATION CITED : Workers' Compensation Act 1987 s 38 Workplace Injury Management and Workers Compensation Act 1998

ASMOF o/b Elizabeth Benson and Western Sydney Area Health Service [2003] NSWIRComm 337 Australian Salaried Medical Officers' Federation (New South Wales) on behalf of Professor Bruce Hall and South Western Sydney Area Health Service [2003] NSWIRComm 8 Four Sons Pty Limited v Sakchai Limsiripothong [2000] NSWIRComm 38 CASES CITED : Hill v Director General of the Department of Education and Training (1998) 85 IR 201 IGA Distribution Pty Ltd v Moses [2002] NSWIRComm 96 Kenoss Contractors Pty Ltd v Allied Constructions Pty Limited (2001) 104 IR 66 TAB Agents' Association of NSW v TAB Ltd [2003] NSWIRComm 316, Sweeney & Vandeleur Pty Ltd and anor v Robert Angyl and ors [2004] NSWIRComm 194 HEARING DATES: 08/18/2004 DATE OF JUDGMENT: 11/18/2004