Industrial Relations Commission of New South Wales CITATION : State Working Hours Case 2002, Re - Statement of the Full Bench [2002] NSWIRComm 350 Labor Council of New South Wales Minister for Industrial Relations Public Employment Office Employers First PARTIES : Australian Business Industrial Australian Industry Group New South Wales Road Transport Association Housing Industry Group President of the Anti-Discrimination Board FILE NUMBER: IRC 4314 of 2002 CORAM: Wright J President; Walton J Vice-President; Boland J; Staunton J; Tabbaa C CATCHWORDS : Practice and procedure - Application for intervention by the President of the Anti-Discrimination Board - Application strenuously resisted by some employer organisations - Application granted - Reasons to be provided in due course LEGISLATION CITED : Anti-Discrimination Act 1977 Part 4B Industrial Relations Act 1996 s 167 HEARING DATES: 11/05/2002; 12/02/2002 DATE OF JUDGMENT: 12/16/2002 - LEGAL REPRESENTATIVES: JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES FULL BENCH CORAM: WRIGHT J, President WALTON J, Vice-President BOLAND J STAUNTON J TABBAA C Monday, 16 December 2002 Matter No IRC 4314 of 2002 Re STATE WORKING HOURS CASE 2002 Summons to Show Cause - Commission on its own initiative pursuant to Part 3 of Chapter 2 of the Industrial Relations Act 1996 STATEMENT OF THE FULL BENCH [2002] NSWIRComm 350 1 These proceedings have been listed for hearing on 19 February 2003 and the Full Bench has been advised by the parties that substantial agreement has been reached as to the issues raised in the proceedings. The only issue may be a matter raised by the President of the Anti-Discrimination Board (hereafter referred to for convenience as the ADB) which is, in summary: whether, to the extent that any proposed settlement in the proceedings refers to "family responsibilities", the reference should, having regard to the terms of Part 4B of the Anti-Discrimination Act 1977, refer to "responsibilities as a carer" rather than "family responsibilities". 2 The ADB has sought leave to intervene relying on s 167(2) of the Industrial Relations Act 1996 which provides: (2) The President of the Anti-Discrimination Board may intervene in any proceedings of the Commission if the President of that Board establishes that the proceedings concern unlawful discrimination under the Anti-Discrimination Act 1977 . However, the application for intervention has led to strenuous opposition from certain of the parties. Notwithstanding the opposition, ADB's application for intervention has the support of the Minister for Industrial Relations and the Public Employment Office and also has the consent of the Labor Council of New South Wales. 3 The parties which oppose the application for intervention are Employers First, Australian Business Industrial and the Australian Industry Group. When the Full Bench was advised, at the directions hearing on 5 November 2002, of the nature of the opposition to the application for intervention, directions were given for the relevant organisations to file and serve submissions in respect of that issue. The last of the submissions was received on 2 December 2002 when the submissions in reply on behalf of the ADB were filed. 4 The Full Bench has now had the opportunity of considering the submissions which, in some cases, are detailed and raise a number of matters of apparent substance which may be relevant to the jurisprudence of the Commission. Notwithstanding the detail of the submissions opposing the intervention, we have come to the firm conclusion that the ADB has established an appropriate basis for leave to intervene to be granted. Of course, the grant of leave to intervene does not give the intervenor the status or standing of a party to the proceedings and the role of an intervenor is always subject to the Commission's discretion as to the extent of the role that an intervenor might appropriately play in the proceedings. 5 It was considered appropriate to publish our decision on this matter as soon as possible to assist the parties in their preparation for the hearing early next year. We shall give reasons, to the extent necessary, as to this decision either in the course of proceedings on 19 February or in the Full Bench's decision in the proceedings itself. ________________________ DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.