NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Dimension Data Pty Ltd v National Union of Workers, New South Wales Branch [2005] NSWIRComm 81
APPELLANT Dimension Data Pty Limited PARTIES: RESPONDENT National Union of Workers, New South Wales Branch, on behalf of Arvin Tubungbanua
FILE NUMBER(S): IRC1133 of 2005
CORAM: Walton J Vice-President
CATCHWORDS: Industrial dispute - appeal against interim dispute orders for reinstatement granted under s136, s137(1)(b) - application for stay of interim orders pending appeal - prospects of success - appeal at least arguable - no adequate reasons for stay - application for leave to appeal and appeal expedited - discussion of undertakings as to damages in context of interim reinstatement orders - findings made in interim application have no effect in substantive proceedings - stay refused - directions
LEGISLATION CITED: Industrial Relations Act 1996
Bellambi Bowling Recreation & Sports Club Ltd v Grammel (2001) 107 IR 104 Campbells Cash and Carry Pty Limited v National Union of Workers, New South Wales Branch (2001) 104 IR 400 CASES CITED: National Union of Workers, New South Wales Branch on behalf of Mr Arvin Tubungbanua v Dimension Data Pty Limited [2005] NSWIRComm 57 Re Transport Industry - Waste Collection and Recycling (State) Award (2000) 102 IR 192
HEARING DATES: 03/10/2005 EXTEMPORE JUDGMENT DATE: 03/10/2005
APPELLANT Ms K Nomchong of counsel Solicitor: Mr Rutherford Shanahan Tudhope Solicitors
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