Australian Services Union and Sydney Water Corporation [2005] NSWIRComm 156

Industrial Relations Commission of New South Wales

CITATION: Australian Services Union and Sydney Water Corporation [2005] NSWIRComm 156

NOTIFIER Australian Services Union (NSW and ACT Services Branch) PARTIES: RESPONDENT Sydney Water Corporation

FILE NUMBER(S): IRC 962 of 2005

CORAM: Boland J

CATCHWORDS: Industrial Dispute - Application for dispute order - Employees threatened with dismissal - Whether interim relief preventing employer from medically retiring two employees should be granted in circumstances where applicant Union questioning adequacy of employer's injury management policies and practices - Whether tests applying to the grant of injunctive relief appropriate to be applied in circumstances where interim relief is sought under sections 136 and 137 of Industrial Relations Act 1996 - Employees injured at work - Employees unable to return to pre-injury duties - Suitable duties - Employer's obligations in respect of the provision of suitable duties - Employer's obligations to re-train injured employees - Interim relief granted pending outcome of substantive proceedings

Industrial Relations Act 1991 LEGISLATION CITED: Industrial Relations Act 1996 Workplace Injury Management and Workers Compensation Act 1998

Australian Salaried Medical Officers Federation (New South Wales) on behalf of Dhayanithi Sivathondan and South Western Sydney Area Health Service [2002] NSWIRComm 98 Banning v Great Lakes Council [2002] NSWIRComm 47 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 CASES CITED: ASMOF on behalf of Elizabeth Benson v Western Sydney Area Health Service [2003] NSWIRComm 337 Hill v Director General of the Department of Education and Training (1998) 85 IR 201 Qantas v Christie (1998) 193 CLR 280 Woolstar Pty Limited v Federated Storemen and Packers Union of Australia (New South Wales Branch) (1992) 45 IR 39