NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Transport Industry - Retail (State) Award [2002] NSWIRComm 206 APPELLANT: Australian Business Industrial PARTIES : RESPONDENTS Australian Retailers Association Transport Workers Union of Australia, NSW Branch FILE NUMBER: IRC4549 of 2002 CORAM: Walton J Vice-President CATCHWORDS : Appeal - Stay Application - Primary and alternative applications - general principles - balance of convenience against primary application - partial stay warranted - arguable case and factors involved in balance of convenience different - concern over failure to nominate entities affected by stay - partial stay granted - orders. LEGISLATION CITED : Industrial Relations Act 1996 s187 State Wage Case 2001 (2001) 104 IR 438 CASES CITED : State Wage Case 2002 [2002] NSWIRComm 118 Campbells Cash and Carry Pty Ltd v National Union of Workers, NSW Branch (2001) 104 IR 400 HEARING DATES: 08/16/2002 DATE OF JUDGMENT: 08/22/2002
APPELLANT Mr P Ronfeldt Australian Business Lawyers
LEGAL REPRESENTATIVES: RESPONDENT Mr M Kaine Transport Workers Union, NSW Branch Mr Khoo Australian Retailers Assocation, NSW
JUDGMENT: - 6 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: WALTON J, Vice-President 22 AUGUST 2002
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