New South Wales Fire Brigade Employees Union v The Crown in the Right of NSW (NSW Fire Brigades) [2004] NSWIRComm 285

Industrial Relations Commission of New South Wales in Court Session

CITATION : New South Wales Fire Brigade Employees Union v The Crown in the Right of NSW (NSW Fire Brigades) [2004] NSWIRComm 285 APPLICANT New South Wales Fire Brigade Employees' Union PARTIES : RESPONDENT The Crown in the Right of NSW (NSW Fire Brigades) FILE NUMBER: IRC 2639 of 2004 CORAM: Boland J Award - Interpretation - Application for declaratory orders as to whether references to "statutory declaration" in Awards was a reference to a declaration made and authorised under Oaths Act 1900 (NSW) and Statutory Declarations Act 1959 (Cth) - Held that reference to "Statutory declaration" was a declaration made and authorised under Oaths Act but not Statutory Declarations Act CATCHWORDS : Award Interpretation - Award - Interpretation - Application for declaratory orders as to whether references to "statutory declaration" in Awards was a reference to a declaration made and authorised under Oaths Act 1900 (NSW) and Statutory Declarations Act 1959 (Cth) - Held that reference to "Statutory declaration" was a declaration made and authorised under Oaths Act but not Statutory Declarations Act Acts Interpretation Act 1901 (Cth) Conciliation and Arbitration Act 1904 (Cth) Crimes Legislation Amendment Act 1987 (Cth) Defence (Visiting Forces) Act 1963 (Cth) LEGISLATION CITED : Evidence Act 1906 (WA) Industrial Relations Act 1996 (NSW) Interpretation Act 1987 (NSW) Oaths Act 1900 (NSW) Oaths (Amendment) Act 1916 (NSW) Statutory Declarations Act 1959 (Cth) Amalgamated Television Services Pty Ltd & Ors v Australian Broadcasting Tribunal, Re (1989) 88 ALR 287 Bolton, Ex parte Beane, Re (1987) 162 CLR 514 La v Federated Furnishing Trade Society of A/asia (1993) 46 IR 164 CASES CITED : New South Wales Teachers Federation v Director General, Department of Education and Training [2002] NSWIRComm 56 O' Dowd & Anor, Commonwealth Bank Officers' Association, Re (1984) 3 FCR 150, (1984) 8 IR 222 Power, Plumbers and Gasfitters Employees Union of Australia (WA Branch), Re (1992) 35 FCR 133, (1992) 40 IR 256 TWU v Linfox Australia Pty Ltd [2003] NSWIRComm 97 HEARING DATES: 09/13/2004 DATE OF JUDGMENT: 09/24/2004