Notification under section 130 by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch of a dispute with North Sydney Leagues Club and another re alleged breach of award [2002] NSWIRComm 299

Industrial Relations Commission of New South Wales

CITATION : Notification under section 130 by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch of a dispute with North Sydney Leagues Club and another re alleged breach of award [2002] NSWIRComm 299 APPLICANT: PARTIES : The Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch RESPONDENT: North Sydney Leagues Club Ltd FILE NUMBER: 4066 of 2002 CORAM: Sams DP Industrial dispute - use of finger scanning equipment - privacy issues - health and safety - recommendation - arbitration of dispute - preparation for hearing - abuse of process - power to dismiss proceedings - whether Union was on notice - Rules of the Commission. CATCHWORDS : Held, Union on notice of motion to dismiss - earlier decision of Commission - s179 of the Act - decision final - no new evidence - inherent power of Commission to protect its processes - Commission's time and resources wasted - motion granted - order refused - proceedings concluded. LEGISLATION CITED : Industrial Relations Act 1996 Re Pastoral Industry (Stae) Award [2000] NSWIRComm 27 Storeworkers - IGA Distribution Pty Limited New South wales Distribution Centres Award 2002 [2002] NSWIRComm 156 CASES CITED : Notification under section 130 by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch of a dispute with Parramatta Leagues Club Limited and another re breach of award (unreported, O'Neill C, 7 May 2002) Broken Hill Chamber of Commerce and Ors and Construction, Forestry , Mining and Energy Union (New South Wales) [2002] NSWIRComm 244 Brian Rochford Ltd (Administrator Appointed) and Textile, Clothing and Footwear Union of New South Wales, 47 NSWLR 47 HEARING DATES: 10/30/2002 EXTEMPORE JUDGMENT DATE : 10/30/2002