Industrial Relations Commission of New South Wales CITATION: Notification under s 130 by Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (New South Wales Branch) of a dispute with Bevco Pty Ltd re Award Coverage [2005] NSWIRComm 183 NOTIFIER/APPLICANT PARTIES: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (New South Wales Branch) FILE NUMBER(S): IRC 6684 of 2004 CORAM: Staff J CATCHWORDS: Industrial dispute - Application for declaration pursuant to s 154 - Dispute unresolved - Application pursuant to s 175 - Discretion - Priority given to industrial dispute proceedings - Application for declaration adjourned until completion of dispute proceedings LEGISLATION CITED: Industrial Relations Act 1996 Bevco Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (New South Wales Branch) [2005] NSWIRComm 182 CASES CITED: HEARING DATES: 05/27/2005 DATE OF JUDGMENT: 06/01/2005 NOTIFIER/APPLICANT Mr A Neilson Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (New South Wales Branch) LEGAL REPRESENTATIVES: RESPONDENT Solicitor: Mr P Brown Baker & McKenzie JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Staff J 1 June 2005 Matter No IRC 6684 of 2004 Notification under s 130 by Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (New South Wales Branch) of a Dispute with Bevco Pty Ltd re Award Coverage DECISION [2005] NSWIRComm 183 1 This decision follows the judgment of the Commission in Court Session in Bevco Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (New South Wales Branch) [2005] NSWIRComm 182 in which I made an order that an application for a declaration pursuant to s 154(1) of the Industrial Relations Act 1996 ("the Act") should stand adjourned pending completion of these proceedings. 2 The background to these proceedings is set out in that judgment. This decision is to be read in conjunction with that judgment in the sense that it will be necessary to read the earlier judgment to understand certain aspects of this decision. 3 Suffice it to say that in this matter I have made directions that will enable this matter to be programmed for hearing. Those directions are as follows: (i) the respondent is to file and serve any material upon which it wishes to rely on or before 4.00 pm on Monday 6 June 2005. (ii) the notifier/applicant is to file any material in reply on or before 4.00 pm Friday 10 June 2005. 4 In making these directions, I note that Commissioner McLeay made directions on 22 February 2005 which required the notifier/applicant to file its material on or before 15 March 2005 and the respondent to file its material on or before 8 April 2005 with the matter fixed for hearing on 20 June 2005. 5 The respondent did not comply with the Commission's directions and had the matter re-listed for mention on 9 May 2005. During the dispute proceedings on that day the respondent filed an application for directions (sic) claiming declaratory relief. This led the Commission to vacate the hearing which had been fixed for 20 June 2005 and refer the file to the President. 6 During the course of dealing with these matters, a submission was made by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (New South Wales Branch) ("AMWU") that when this matter is listed for hearing the respondent employer may make an application that these proceedings be adjourned to enable the determination of an application brought by Bevco seeking declaratory relief. 7 In the circumstances of my interlocutory judgment in respect of that matter, in my view, it would be an extraordinary decision if such application was acceded to in light of the conclusion that I reached that the dispute proceedings should be determined prior to the application for declaratory relief. 8 In these circumstances, I refer this matter to the President so that, as a matter of urgency, it can be allocated to a Member of the Commission for hearing. 9 My expectation is that this dispute should be resolved within a short period of time. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.