Transport Workers' Union of New South Wales v. National Union of Workers [2005] NSWIRComm 1088

Industrial Relations Commission of New South Wales

CITATION: Transport Workers' Union of New South Wales v. National Union of Workers [2005] NSWIRComm 1088

APPLICANT Transport Workers' Union of New South Wales

PARTIES: RESPONDENT National Union of Workers

FILE NUMBER(S): 1424 of 2005

CORAM: Connor C

application for demarcation order - status of proceedings - whether there is an obligation to conciliate a matter when such a function would constitute a futility - industrial dispute CATCHWORDS:

Industrial Relations Act 1996 LEGISLATION CITED:

Sugar Manufacturers Case (1926) AR 113 CASES CITED:

HEARING DATES: 06/07/2005 EXTEMPORE JUDGMENT DATE : 06/07/2005

APPLICANT Adam Hatcher Counsel

LEGAL REPRESENTATIVES: RESPONDENT Robert Reitano Counsel

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Tuesday, 7 June, 2005

Matter No IRC 1424 of 2005

Transport Workers' Union of New South Wales and National Union of Workers

Application for demarcation order under S.294 of the Industrial Relations Act, 1996

INTERLOCUTORY DECISION

[2005] NSWIRComm 1088

1 This threshold decision concerns a fine point relating to the construction of the 1996 Industrial Relations Act and my obligations under it. In particular, it is directed to my responsibility to conciliate an issue before me - an application by the Transport Workers' Union of New South Wales under Part 6, Demarcation Orders, of Chapter 5, Regulation of Industrial Organisations (Other than State Organisations) [Ss.294 and 295], of the 1996 Industrial Relations Act for a demarcation order.