Inquiry into matters relating to the availability of work at Tristar Steering and Suspension Australia Ltd, Re [2007] NSWIRComm 50

Industrial Relations Commission of New South Wales

CITATION: Inquiry into matters relating to the availability of work at Tristar Steering and Suspension Australia Ltd, Re [2007] NSWIRComm 50

The Minister for Industrial Relations Tristar Steering and Suspension Australia Limited PARTIES: Australian Manufacturing Workers Union Australian Workers Union Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Unions NSW

FILE NUMBER(S): IRC 176 of 2007

CORAM: Walton J Acting President; Boland J; Ritchie C

CATCHWORDS: Ministerial Reference - Reference by Minister for Industrial Relations pursuant to s 146(1)(d) of the Industrial Relations Act 1996 in relation to the availability of work at Tristar Steering and Suspension Australia Ltd - Whether the Industrial Relations Commission of NSW Commission has jurisdiction to conduct the Inquiry as a result of s 16(1) of the Workplace Relations Act 1996 (Cth) - Alternatively, whether the Inquiry should be adjourned until the determination of proceedings against Tristar recently commenced in the Federal Court of Australia by the Office of Workplace Services - Whether there was a requirement for notices to be given to the Attorneys-General of the Commonwealth and the States pursuant to s 78B of the Judiciary Act 1903 (Cth) before the Commission could proceed to hear the jurisdictional application - Whether the Commission had power to determine the jurisdictional application - Operational inconsistency - Cover the field - Meaning of the word "apply" - Meaning of the phrase "in relation to" - Whether Tristar a trading corporation - Implied limitation on Commonwealth legislative power which prohibits laws of general application that operate to destroy or curtail the continued existence of the States or their capacity to function as governments - Whether those parts of the Terms of Reference which were within power could be severed from those parts which were beyond power by reason of s 16(1) of the Workplace Relations Act - Whether the Commission could issue a certificate under Section 128 of Evidence Act 1995 (NSW) - Whether Inquiry would result in any form of judicial determination - Whether any report ultimately issued would create or affect legal rights or obligations and therefore have legal consequences for Tristar - Whether there was evidence to suggest that any proceedings against managerial employees (whether criminal or civil) are contemplated or likely - Availability of common law privilege against self-incrimination - Tristar's jurisdictional and stay applications refused