NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Express Data (A Division of Dimension Data Australia Pty Ltd) and NUW, Re [2005] NSWIRComm 140
APPELLANT: Express Data (A Division of Dimension Data Australia Pty Ltd ACN 003 371 239) PARTIES: RESPONDENT: National Union of Workers, New South Wales Branch
FILE NUMBER(S): IRC 1133 of 2005
CORAM: Wright J President; Walton J Vice-President; O'Neill C
CATCHWORDS: Appeal - Application for leave to appeal - Industrial dispute - Interlocutory order for re-employment in dispute proceedings - Proceedings not appropriate vehicle to deal with possible issues of principle - Role of registered organisations - Statutory scheme - Leave to appeal refused - Appeal dismissed
LEGISLATION CITED: Industrial Relations Act 1996 s 84 s 89 s 130 s 136 s 137
Antonakopoulos v State Bank of New South Wales (1999) 91 IR 385 Caltex Petroleum Pty Limited and Others v Harmer (1999) 92 IR 264 CASES CITED: Dimension Data Pty Ltd v National Union of Workers, New South Wales Branch [2005] NSWIRComm 81 National Union of Workers, New South Wales Branch on behalf of Mr Arvin Tubungbanua and Express Data Pty Limited [2005] NSWIRComm 57
HEARING DATES: 04/01/2005
DATE OF JUDGMENT: 04/27/2005
APPELLANT: Ms K T Nomchong of counsel Shanahan Tudhope, Lawyers (Mr Dean Rutherford) LEGAL REPRESENTATIVES:
RESPONDENT: Mr A P Joseph of counsel National Union of Workers, New South Wales Branch (Mr Stefan Mueller)
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