Transport Workers' Union of Australia, New South Wales Branch v Linfox Transport (Australia) Pty Limited [2000] NSWIRComm 72

Industrial Relations Commission of New South Wales

CITATION : Transport Workers' Union of Australia, New South Wales Branch v Linfox Transport (Australia) Pty Limited [2000] NSWIRComm 72 APPELLANT Transport Workers' Union of Australia, New South Wales Branch PARTIES : RESPONDENT Linfox Transport (Australia Pty Limited FILE NUMBER: IRC 34 of 2000 CORAM: Wright J President; Hungerford J; Connor C Industrial Dispute - Strike action - Appeal against discontinuance of compulsory conference - Purported agreement in settlement of issues - Dispute still existed - Unwillingness of one party to participate in further conciliation - Statutory bar on actions in tort during conciliation - Duties and functions of Commission in conciliation and arbitration of disputes - Further conciliation to be attempted - Arbitration if necessary and appropriate - Appeal upheld.

CATCHWORDS : Appeal - Application for leave to appeal against decision discontinuing compulsory conference - Purported agreement in settlement of dispute - Dispute still existed - Objects of statute - Statutory scheme for dispute resolution by conciliation and arbitration - Leave granted - Appeal upheld.

Practice and Procedure - Industrial dispute - Duties and functions of Commission in dispute resolution by conciliation and arbitration - Discontinuance of compulsory conference in conciliation phase - Desire of one party to take tort action - Dispute unresolved - Further conciliation to be attempted - Arbitration if necessary and appropriate. LEGISLATION CITED : Industrial Relations Act 1996 s 3(g) s 130 s 141 s 174 s 187 s 188 Pt 1 of Ch 3 HEARING DATES: 04/11/2000 EXTEMPORE JUDGMENT DATE : 04/11/2000