Sydney Water Corporation and Australian Services Union (New South Wales and Australian Capital Territory Branch) [2005] NSWIRComm 305

Industrial Relations Commission of New South Wales

CITATION: Sydney Water Corporation and Australian Services Union (New South Wales and Australian Capital Territory Branch) [2005] NSWIRComm 305

APPELLANT Sydney Water Corporation

PARTIES: RESPONDENT Australian Services Union (New South Wales and Australian Capital Territory Branch)

FILE NUMBER(S): IRC 2770 of 2005

CORAM: Wright J President; Walton J Vice-President; Stanton C

CATCHWORDS: Appeal - application for leave to appeal - industrial dispute - interlocutory dispute order for reinstatement under ss 136 and 137 - relevant principles - breadth of discretion to be applied to broad range of disputes - limited application of tests for private law injunctions - relevance of damages to collective industrial dispute - relevance to orders under s 89(7) - genuine dispute - broader than threatened dismissal of two employees - threatened industrial action - balance of convenience favoured grant of interim order - leave to appeal granted - appeal dismissed

Industrial Arbitration Act 1940 Industrial Relations Act 1991 LEGISLATION CITED: Industrial Relations Act 1996

Australian Salaried Medical Officers Federation (New South Wales) on behalf of Dhayanithi Sivathondan and South Western Sydney Area Health Service [2002] NSWIRComm 98 Australian Salaried Medical Officers Federation (New South Wales) on behalf of Professor Bruce Hall and South Western Sydney Area Health Service [2003] NSWIRComm 8 Australian Services Union and Sydney Water Corporation [2005] NSWIRComm 156 Australian Services Union and Sydney Water Corporation (No 2) [2005] NSWIRComm 211 Broken Hill Chamber of Commerce and CFMEU (NSW Branch) [2002] NSWIRComm 244 Caltex v Harmer (1999) 92 IR 264 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Commissioner of Police and Police Association of New South Wales [2005] NSWIRComm 132 Crewsdon v New South Wales Department of Community Service & Anor (No. 9) [2004] NSWIRComm 125 CASES CITED: CSR Ltd and Others v Australian National Paper Alcohol Company Pty Ltd and Others (1995) [Print M5779] Dimension Data Pty Ltd v National Union of Workers, New South Wales Branch [2005] NSWIRComm81 Ellen Ford and WD&HO Wills (Australia) Limited [1999] NSWIRComm 399 Hill v Director General of the Department of Education and Training (1998) 85 IR 201 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Maritime Union of Aust and ors v ASP Ship Management Pty Ltd and anor (2002) [Print PR 920954] Re Express Data (A Division of Dimension Data Australia Pty Ltd) and NUW [2005] NSWIRComm 140 Simon Richard Lane v The Commonwealth Bank of Australia [1999] NSWIRComm 336 Woolstar Pty Limited v Federated Storemen & Packers Union of Australia (New South Wales Branch) (1992) 45 IR 39