New South Wales Teaches Federation v Director-General of Education and Training (NSW) [2005] NSWIRComm 194

Industrial Relations Commission of New South Wales

CITATION: New South Wales Teaches Federation v Director-General of Education and Training (NSW) [2005] NSWIRComm 194

APPLICANT: New South Wales Teachers Federation

PARTIES: RESPONDENT: Director-General of Education and Training (NSW)

FILE NUMBER(S): IRC 1774 of 2005

CORAM: Schmidt J

CATCHWORDS: Declarations - slip rule - whether motion was to be dismissed in part - application opposed - orders sought not granted

Teaching Service Act 1970 LEGISLATION CITED: Teaching Service Act 1980

HEARING DATES: 06/03/2005

DATE OF JUDGMENT: 06/09/2005

APPLICANT: Ms PF Lowson of counsel SOLICITORS: LEGAL REPRESENTATIVES: MacMahon Associates

RESPONDENT: Mr P Menzies QC with Ms RA Pepper of counsel

JUDGMENT:

- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION

CORAM: Schmidt J

9 June 2005

Matter No IRC 1774 of 2005 NEW SOUTH WALES TEACHERS FEDERATION v DIRECTOR-GENERAL OF EDUCATION AND TRAINING (NSW)

Application by New South Wales Teachers Federation for declaratory relief under section 154 of the Industrial Relations Act 1996

JUDGMENT

[2005] NSWIRComm 194

1 On 18 May, I gave judgment in this matter (New South Wales Teachers Federation v Director-General of Education and Training (NSW) [2005] NSWIRComm 162), dismissing the Union's motion. The Union later approached pursuant to the slip rule, seeking the making of the following orders, as reflecting the reasons given for the conclusion reached: Thus in order to give efficacy to the reasoning of the judgment, the order dismissing the applicant's motion at paragraph 30 of the judgment should dismiss only that part of the amended declaratory order application set out at paragraph 3(ii) of the judgment, and the Court should allow that part of the amended declaratory order application set out at paragraph 3(i) of the judgment. Paragraph 30 of the judgment should be amended under the slip rule as follows: For all the reasons given, the Union's motion [application] at paragraph 1(ii) of its Amended Application for Declaratory Order must be dismissed, and at paragraph 1(i) must be upheld. I order accordingly.