NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Notification Under Section 130 by the CFMEU of a Dispute with Newcrest Mining Limited [2005] NSWIRComm 90
APPLICANT: Construction, Forestry, Mining and Energy Union (New South Wales Branch) PARTIES: RESPONDENT: Newcrest Mining Limited
FILE NUMBER(S): IRC 5730 of 2004
CORAM: Walton J Vice-President
CATCHWORDS: Industrial dispute - conciliation under ss 130 and 132 - compulsory conference - application for direction under s 134(2) - application for summons to attend and confer under s 165(3)(a) - when conciliation exhausted - whether certificate of attempted conciliation should be issued - discretionary issues as to issuing of direction or summons in compulsory conference - jurisdictional challenge - power to issue direction or summons to attend and confer in compulsory conference for conciliation - direction to attend and confer issued
The Constitution s 109 LEGISLATION CITED: Industrial Relations Act 1996 (NSW) ss 130 132 134(1) and (2) 135(2) and (6) 165(3)(a) 174(b) Workplace Relations Act 1996 (Cth) ss 4 170VQ(1) and (4)
CFMEU v Newcrest Mining Limited [2005] NSWIRComm 23 CASES CITED: Notification under s130 by the CFMEU of a dispute with Newcrest Mining Limited [2005] NSWIRComm 77 Re Pacific Coal Pty Ltd , Ex parte CFMEU (2000) 203 CLR 346
HEARING DATES: 03/10/2005
DATE OF JUDGMENT: 03/23/2005
APPLICANT: Mr A Bukarica Legal/Industrial Officer Construction, Forestry, Mining and Energy Union (New South Wales Branch)
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