NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Police Association v NSW Police (No 2) [2005] NSWIRComm 70
NOTIFIER Police Association of New South Wales PARTIES: RESPONDENT New South Wales Police
FILE NUMBER(S): IRC 3877 of 2004
CORAM: Boland J
CATCHWORDS: Industrial Dispute - Notification of dispute under section 130 of Industrial Relations Act - Former police officer seeking reinstatement or re-employment - Jurisdiction - Whether Part 6 of Chapter 2 of the Industrial Relations Act 1996 constitutes an exclusive code ousting the provisions of Parts 1 and 2 of Chapter 3 of the Act in circumstances whether the claim is for reinstatement or re-employment of former employee - Constructive dismissal - Refusal to employ - Industrial dispute - Industrial matter - Held jurisdiction to hear and determine industrial dispute
Industrial Arbitration Act 1940 Industrial Relations Act 1991 LEGISLATION CITED: Industrial Relations Act 1996 Interpretation Act 1987 Police Service Act 1990
Allison v Bega Valley Council (1995) 63 IR 68 Bronwyn Johnston v Department of Mineral Resources (1997) 73 IR 267 Claric 218 Pty Ltd t/as Sanity Music v Meldrum (1998) 91 IR 296 Derrick v Dangar [1921] 20 AR (NSW) 40 Downey v Trans Waste Pty Ltd (1991) 172 CLR 167, 37 IR 301 Federated Municipal and Shire Council Employees' Union Of Australia, New South Wales Division v Energy Australia (1999) 90 IR 311 Newcastle City Council v GIO General Limited (1997) 191 CLR 85 CASES CITED: Orange City Bowling Club v Federated Liquor and Allied Industries Employees' Union of Australia, New South Wales Branch [1979] AR (NSW) 90 Pacific Waste Management Pty Ltd v Saley (1993) 51 IR 339 Police Association v NSW Police [2004] NSWIRComm 256 Police Service of New South Wales v Batton (2000) 98 IR 154 R v Wallis, Ex parte (Employers Association of Wool Selling Brokers & Others (1949) 78 CLR 529 Terrigal Memorial Country Club Limited v Federated Liquor and Allied Industries Employees' Union of Australia, New South Wales Branch (1992) 46 IR 145 Woolstar Pty Limited v Federated Storemen and Packers Union of Australia (New South Wales Branch) (1992) 45 IR 39
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