East Coast Brokers Pty Limited v The Commonwealth of Australia (Department of Defence) and another [2005] NSWIRComm 371

Industrial Relations Commission of New South Wales in Court Session

CITATION: East Coast Brokers Pty Limited v The Commonwealth of Australia (Department of Defence) and another [2005] NSWIRComm 371

APPLICANT/ RESPONDENT ON MOTION East Coast Brokers Pty Limited

FIRST RESPONDENT/ APPLICANT ON MOTION The Commonwealth of Australia (Department of Defence) PARTIES: SECOND RESPONDENT Serco Sodexho Defence Service Pty Limited

INTERVENOR Attorney General for New South Wales

FILE NUMBER(S): IRC 921 of 2004

CORAM: Wright J President; Walton J Vice-President; Boland J; Staff J

Unfair contract - Interlocutory proceedings - Notice of motion - Reference - Jurisdiction - Section 109 of Commonwealth Constitution - Inconsistency of laws - Contractor removed from performing work in a Defence establishment - Whether inconsistency between s 106 of Industrial Relations Act 1996 and s 9A of Defence Act 1903 (Cth) - Whether inconsistency between s 106 of Industrial Relations Act 1996 and Occupational Health and Safety (Commonwealth Employment) Act 1991 (Cth) - Whether inconsistency between s 106 of Industrial Relations Act 1996 or proposed orders under that section and a Defence Instruction issued under the Defence Act - Operational inconsistency - Whether Commonwealth laws are the source of power empowering Commonwealth to affect legal rights of applicant in substantive proceedings - Whether any constitutional inconsistency exists in light of extant contract determining rights and obligations of parties - Notice of motion dismissed - Costs