Commissioner of Police and Police Association of New South Wales [2005] NSWIRComm 132

Industrial Relations Commission of New South Wales

CITATION: Commissioner of Police and Police Association of New South Wales [2005] NSWIRComm 132

APPELLANT: Commissioner of Police PARTIES: RESPONDENT: Police Association of New South Wales

FILE NUMBER(S): IRC 1580 of 2005

CORAM: Wright J President; Grayson DP; Ritchie C

CATCHWORDS: Appeal - Industrial dispute proceedings - Application for stay - Police Service - Nature of proceedings at first instance - Dispute between Police Association and Police Commissioner re alleged failure to employ police officer who had resigned some years ago - Legislative scheme - Changes in legislative scheme - Whether trial judge should have disqualified himself pursuant to s 173 of Industrial Relations Act - Principles to be applied in stay applications - Strength of appellant's major appeal point - Balance of convenience - Discretionary issues that require consideration at first instance - Stay refused.

Industrial Relations Act 1991 s 209 Industrial Relations Act 1996 s 130 s 134 s 173 LEGISLATION CITED: Police Service Act 1990 s 181B (since repealed) s 181D Police Act 1990 s 181D

Broken Hill Chamber of Commerce and CFMEU (NSW Branch) [2002] NSWIRComm 244 Brown v Coca-Cola Amatil (Aust) Pty Limited (2002) 123 IR 33 Humphries v Cootamundra Ex-Services and Citizens Memorial Club Ltd (2001) 121 IR 122 Notification under s130 by the CFMEU of a dispute with Newcrest Mining Limited [2005] NSWIRComm 77 CASES CITED: Police Association v NSW Police [2004] NSWIRComm 256 Police Association v NSW Police (No 2) [2005] NSWIRComm 70 Public Service Association of NSW and Department of Corrective Services & Anor [1994] NSWIRComm 148 Solution 6 Holdings Limited & Ors v Industrial Relations Commission of New South Wales and ors (2004) 60 NSWLR 558, (2004) 137 IR 123 Transport Industry - Waste Collection and Recycling (State) Award (2001) 102 IR 192