New South Wales Teachers' Federation and New South Wales Department of Education and Training [2000] NSWIRComm 169

Industrial Relations Commission of New South Wales

CITATION : New South Wales Teachers' Federation and New South Wales Department of Education and Training [2000] NSWIRComm 169 revised - 06/09/2000 APPLICANT New South Wales Teachers' Federation PARTIES : RESPONDENT New South Wales Department of Eduation and Training FILE NUMBER: IRC 6326 of 1999 CORAM: Wright J President; Walton J Vice-President; Connor C Industrial dispute - Direction made under s 134(2) of the Industrial Relations Act 1996 - Application for leave to appeal - Alleged factual errors and denial of natural justice - Limited role and nature of s 134(2) of the Industrial Relations Act - Leave to appeal refused. CATCHWORDS : Appeal - Application for leave to appeal - Direction made under s 134(2) of the Industrial Relations Act 1996 - Discretionary decision - Approach to be applied - Comparable situation to appeal from interlocutory decision - No relevant error demonstrated - Criterion for leave to appeal in s 188 of the Industrial Relations Act 1996 not satisfied - Leave to appeal refused. LEGISLATION CITED : Industrial Relations Act 1996 s 3 s 134 s 135 s 188 s 191 Asahi Diamond Industrial Australia Pty Limited v Automotive Food Metals and Engineering Union (1995) 59 IR 385 CASES CITED : Caltex Petroleum Pty Limited (1999) 92 IR 264 House v The King (1936) 55 CLR 499 HEARING DATES: 11/30/1999 DATE OF JUDGMENT: 08/31/2000

APPELLANT Mr S Crawshaw SC New South Wales Teachers Federation