Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch and Employers First [2002] NSWIRComm 207

Industrial Relations Commission of New South Wales

CITATION : Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch and Employers First [2002] NSWIRComm 207 APPELLANT: Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch PARTIES : RESPONDENTS: Employers First Shop, Distributive and Allied Employees Association, New South Wales Branch FILE NUMBER: IRC 2867 of 2002 CORAM: Wright J President; Walton J Vice-President; Redman C Appeal - Award - Interim award - Reasons for decision - Whether "special circumstances" existed for interim award to be made pursuant to s 16(4) - Document issued after decision made purporting to be reasons for decision without notice or reservation that such reasons would issue - Undesirability of that approach - Leave to appeal refused - Appeal dismissed. CATCHWORDS : Award - Interim award - Appeal - Reasons for decision - Whether "special circumstances" existed for interim award to be made pursuant to s 16(4) - Document issued after decision made purporting to be reasons for decision without notice or reservation that such reasons would issue - Undesirability of that approach - Leave to appeal refused - Appeal dismissed. LEGISLATION CITED : Industrial Relations Act 1996 s 16(4) Crown Employees (Police Service of New South Wales Commissioned Police Officers, Local Area Commander and LAC Duty Officer) Award, Re (unreported, Wright J President, 10 July 1998) Garde v WorkCover Authority of New South Wales (unreported, Full Industrial Court, 26 November 1992) CASES CITED : Hardacre v Health and Research Employees' Association of New South Wales (1999) 91 IR 145 Palmer v Clarke (1989) 19 NSWLR 158 Public Hospital Nurses (State) Award, Re [2002] NSWIRComm 100 HEARING DATES: 08/13/2002 EXTEMPORE JUDGMENT DATE : 08/13/2002