Transport Workers' Union of Australia, New South Wales Branch and Chubb Security Services Ltd [2001] NSWIRComm 248

Industrial Relations Commission of New South Wales

CITATION : Transport Workers' Union of Australia, New South Wales Branch and Chubb Security Services Ltd [2001] NSWIRComm 248 APPELLANT Transport Workers' Union of Australia, New South Wales Branch PARTIES : RESPONDENT Chubb Security Services Ltd

FILE NUMBER: IRC 3302 of 2001 CORAM: Wright J President; Walton J Vice-President; Patterson C Appeal - Leave to appeal - Industrial dispute - Dispute orders - Validity - Power to make dispute orders under s 137(1) of the Industrial Relations Act 1996 - No issue of contravention - All issues in dispute relevantly resolved - Practical utility - No public interest consideration - Leave to appeal refused as to major dispute order made - Subsidiary order quashed as beyond power - Essential that dispute orders be in clear terms and in terms readily understood and capable of being obeyed by those against whom they are made. CATCHWORDS : Industrial dispute - Dispute orders - Validity - Power to make dispute orders under s 137(1) of the Industrial Relations Act 1996 - Leave to appeal refused as to major dispute order made - Subsidiary order quashed as beyond power - Essential that dispute orders be in clear terms and in terms readily understood and capable of being obeyed by those against whom they are made. LEGISLATION CITED : Industrial Relations Act 1996 s 137(1)

CASES CITED : TWU v Chubb Security Services [2001] NSWIRComm 84 HEARING DATES: 10/04/2001 EXTEMPORE JUDGMENT DATE : 10/04/2001

APPELLANT Mr A A Hatcher of counsel Transport Workers' Union of Australia, NSW Branch (Mr M Kaine)