NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : TWU v J McPhee & Son (Aust) Pty Ltd [2001] NSWIRComm 195 NOTIFIER TRANSPORT WORKERS' UNION OF AUSTRALIA, NEW SOUTH WALES BRANCH.
PARTIES : FIRST RESPONDENT J McPHEE & SON (AUSTRALIA) PTY LIMITED T/AS McPHEE TRANSPORT
SECOND RESPONDENT TNT AUSTRALIA PTY LIMITED FILE NUMBER: 4796 of 2001 CORAM: Peterson J CATCHWORDS : Dispute proceedings - agreement reached - matter to proceed upon the basis of good faith established in conference - alleged breach of agreement - request for issue of attempted conciliation certificate - s173 objection - whether proceedings should be terminated - s162(2) - apprehended bias application - apprehended bias application rejected - inappropriate to issue a certificate - no issue in original dispute available for arbitration - substantive issue already before Full Bench on appeal - matter terminated - certificate of attempted conciliation issued for residue of the dispute. LEGISLATION CITED : Industrial Relations Act 1996 Livesey v The New South Wales Bar Association (1983) 151 CLR 288 at 293-294 CASES CITED : Transport Workers' Union of Australia, New South Wales Branch v Linfox Transport (Australia) Pty Limited (2000) 97 IR 87 Re Transport Industry - Quarried Materials Wages (State) Award (1997) 74 IR 296 HEARING DATES: 08/20/2001 DATE OF JUDGMENT: 08/30/2001
NOTIFIER Mr A A Hatcher of counsel
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