Notification under section 130 by the NSW Department of Community Services of a dispute with the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales re workbans [2000] NSWIRComm 66

Industrial Relations Commission of New South Wales

CITATION : Notification under section 130 by the NSW Department of Community Services of a dispute with the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales re workbans [2000] NSWIRComm 66 APPLICANT: New South Wales Department of Community Services PARTIES : RESPONDENT: Public Service Asssociation and Professional Officers' Association Amalgamated Union of New South Wales FILE NUMBER: 5755 of 1999 CORAM: Schmidt J CATCHWORDS : Industrial dispute - workbans implemented by members of the union - prior proceedings before the Commission failed to resolve one issue - Department sought dispute orders to be made on an interim basis pending the hearing - orders opposed by PSA - relief sought was declined - doubt expressed that jurisdiction exists to make dispute orders on interim or interlocutory basis - no case was made out by the Department that it would suffer irreparable injury if orders were not made - Department did not make out a case for interlocutory relief on the merits - orders sought not granted Hill v Director General of the Department of Education at Training (NSW) (1998) 85 IR 201 CASES CITED : Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Maritime Union of Australia and Others v Patrick Stevedores No 1 Pty Ltd and Others (1998) 79 IR 281 HEARING DATES: 04/19/2000 EXTEMPORE JUDGMENT DATE : 04/19/2000

APPLICANT:

Mr A Hatcher of counsel LEGAL REPRESENTATIVES: RESPONDENT: Mr R Moore of counsel