Clerical and Administrative Employees (State) Award [2005] NSWIRComm 18

Industrial Relations Commission of New South Wales

Clerical and Administrative Employees (State) Award [2005] NSWIRComm 18 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT ON NOTICE OF MOTION: Employers First PARTIES: RESPONDENT ON NOTICE OF MOTION: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union

FILE NUMBER(S): 3613 of 2001, 1413 of 2003

CORAM: Sams DP

Notice of motion - major industrial case - Full Bench proceedings - summonses for production - Commission's Rules - employers' records over six years - motion to set aside summonses in whole - proper service - relevant law and principles. CATCHWORDS: Held, relevant law and principles agreed - material not relevant to substantive proceedings - fishing expedition - summonses imprecise - summonses oppressive and onerous - excessive cost of compliance - probitive value outweighed by burden - evidence of witnesses - material would not advance the parties' cases - information not in dispute - notice of motion granted - summonses set aside in whole.

Industrial Relations Act 1996 Industrial Relations (General) Regulation 2001 LEGISLATION CITED: Industrial Relations Commission Rules Industrial and Commercial Training Act 1989

Arhill Pty Ltd and others v General Terminal Company Pty Ltd and others (1991) 23 NSWLR 545 Attorney-General for New South Wales v Stuart (1994) 34 NSWLR 667 Bell and Berg v Macquarie Bank Limited and another [2001] NSWIRComm 82 Bengalla Mining Co Pty Ltd v Barclay Mowlem Construction Ltd [2001] NSWSC 93 CASES CITED: Workcover Authority of New South Wales v The Crown in the Right of the State of New South Wales (Police Service of New South Wales) [2000] NSWIRComm 234