Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award (No 3), Re [2004] NSWIRComm 134

Industrial Relations Commission of New South Wales

CITATION : Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award (No 3), Re [2004] NSWIRComm 134 APPLICANT New South Wales Teachers' Federation

RESPONDENTS PARTIES : Director General - Department of Education Managing Director - TAFE NSW

INTERVENORS Minister for Industrial Relations Labor Council of NSW FILE NUMBER: IRC 3749 of 2003 CORAM: Wright J President; Walton J Vice-President; Boland J; Grayson DP; McLeay C CATCHWORDS : Award - Wage fixation - Application for increased rates of pay and allowances - Teachers in schools and TAFE and related employees - Application to adduce further economic evidence by Intervenors - Limited basis upon which material to be tendered - Nature of material - Balance of reasons - Nature of relevant public interest considerations - "Clean hands" - Rule of law - Application granted. LEGISLATION CITED : Industrial Relations Act 1996 s 10 s 146 s 167 CASES CITED : Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award Re [2003] NSWIRComm 479 Public Hospital Nurses' (State) Award Re (No 3) (2002) 121 IR 28 HEARING DATES: 05/20/2004 DATE OF JUDGMENT: 05/21/2004

APPLICANT Mr S Crawshaw SC with Mr A Hatcher of counsel New South Wales Teachers' Federation

RESPONDENTS Mr P Ginters of counsel Director General - Department of Education Managing Director - TAFE NSW LEGAL REPRESENTATIVES: Mr G Boyd (Crown Solicitors' Office)