Peter Jones v Communications, Electrical, Electronics, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2005] NSWIRComm 144

Industrial Relations Commission of New South Wales in Court Session

CITATION: Peter Jones v Communications, Electrical, Electronics, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2005] NSWIRComm 144

APPLICANT / RESPONDENT ON MOTION Peter Jones PARTIES: RESPONDENT / APPLICANT ON MOTION Communications, Electrical, Electronics, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

FILE NUMBER(S): IRC 3221 of 2004

CORAM: Boland J

CATCHWORDS: Unfair Contract - Interlocutory proceedings - Applicant employed as an industrial officer by a federally registered organisation of employees - Whether constitutional inconsistency between federal laws governing federally registered organisation and s 106 of Industrial Relations Act 1996 (NSW) - Status of organisation's Rules as a law of the Commonwealth - Whether cover the field test applicable - Whether direct inconsistency - Held no inconsistency

Annual Holidays Act 1944 Australian Broadcasting Corporation Act 1983 (Cth) Broadcasting and Television Act 1942 (Cth) Defence Housing Authority Act 1987 (Cth) Industrial Arbitration Act 1940 Industrial Conciliation and Arbitration Act 1972 (SA) LEGISLATION CITED: Industrial Relations Act 1996 Judiciary Act 1903 (Cth) Long Service Leave Act 1955 Residential Tenancies Act 1987 Service and Execution of Process Act 1901 (Cth) Supreme Court Act 1970 Workplace Relations Act 1996 (Cth)