Bevco Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (New South Wales Branch) [2005] NSWIRComm 182

Industrial Relations Commission of New South Wales in Court Session

CITATION: Bevco Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (New South Wales Branch) [2005] NSWIRComm 182

APPLICANT Bevco Pty Limited PARTIES: RESPONDENT Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (NSW Branch)

FILE NUMBER(S): IRC 2605 of 2005

CORAM: Staff J

Declaration - Application pursuant to s 154 of Act filed whilst s 130 dispute proceedings remained unresolved - Application to exercise powers pursuant to s 175 of Act - Public policy considerations to resolve industrial disputes expeditiously - Discretion exercised - Priority given to industrial dispute proceedings - Application for declaration adjourned CATCHWORDS: Industrial dispute - Application pursuant to s 154 of Act filed whilst s 130 dispute proceedings remained unresolved - Application to exercise powers pursuant to s 175 of Act - Public policy considerations to resolve industrial disputes expeditiously - Discretion exercised - Priority given to industrial dispute proceedings - Application for declaration adjourned

LEGISLATION CITED: Industrial Relations Act 1996

CFMEU v Newcrest Mining Ltd [2005] NSIRComm 23 Kellogg (Aust.) Pty. Limited v National Union of Workers, New South Wales Branch [1998] NSWIRComm 528 Newcrest Mining v IRC of New South Wales and CFMEU [2005] NSWCA 85 CASES CITED: Notification under s 130 by the CFMEU of a dispute with Newcrest Mining Ltd [2005] NSWIRComm 77 Unilever Australia Limited v Australian Workers' Union, New South Wales & Anor [2005] NSWIRComm 2 Health and Research Employees' Association of New South Wales v Baptist Community Services NSW and ACT (2002) IR 178