NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Reckitt Benckiser (Australia) Pty Ltd and AMWU and others [2005] NSWIRComm 1177
APPLICANT: Reckitt Benckiser Pty Ltd PARTIES: RESPONDENT: Automotive,Food,Metals<Engineering,Printing and Kindred Industries Union, New South Wales Branch and others
FILE NUMBER(S): 4991 of 2005
CORAM: Ritchie C
Request by respondent to invoke s.173 Applicant objected to request. Applicant submitted that respondent had failed to invoke s.173 at the appropriate time. Respondent did not object at the time Commission announced that conciliation had completed and Arbitration would proceed. CATCHWORDS: On the same day a Certificate of Attempted Conciliation was raised ,timetable given to parties for the filing and serving of evidence and a hearing date given. Respondent wrote to Commission seven days later. Commission found that the respondent did not invoke s.173 at the correct time. Application rejected. Arbitration to proceed.
LEGISLATION CITED: Industrial relations Act 1996
Brown v Coca - Cola AMATIL(Aust) Pty Ltd 123 IR at 33. CASES CITED: Commissioner of Police and Police Association of Nerw South Wales (Matter no IRC 1580 of 2005)
HEARING DATES: 11/02/2005; 11/03/2005
DATE OF JUDGMENT: 11/08/2005
APPLICANT: Mr. A. Cunningham of Minter Ellison(solicitors) LEGAL REPRESENTATIVES: RESPONDENT: Mr. A. Neilson from the AMWU
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