Notification under Section 130 by the PSA of a dispute with Department of Education and Training re loss of hours, Re [2007] NSWIRComm 284

Industrial Relations Commission of New South Wales

CITATION: Notification under Section 130 by the PSA of a dispute with Department of Education and Training re loss of hours, Re [2007] NSWIRComm 284

APPLICANT: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales PARTIES: RESPONDENT: Department of Education and Training

FILE NUMBER(S): IRC 272 and 392 of 2007

CORAM: Wright J President; Walton J Vice-President; Boland J

CATCHWORDS: Industrial dispute - unfair dismissal application - matters joined - strike out application re unfair dismissal application - reference to Full Bench - no jurisdictional challenge as to dispute proceedings - principles in Virtue - whether appropriate to entertain strike out application where alternative source of power - importance of not diverting or depreciating dispute proceedings - motion dismissed - remitted for hearing.

LEGISLATION CITED: Industrial Relations Act 1996 ss 84, 130, 136, 137

Express Data (a Division of Dimension Data Australia Pty Ltd) v NUW [2005] NSWIRComm 140 Nagle v Tilburg (1993) 51 IR 8 CASES CITED: Police Association v NSW Police (No 2) (2005) 139 IR 103 Sydney Water v ASU (2005) 146 IR 388 Virtue v NSW Department of Education (1999) 92 IR 428

HEARING DATES: 19 November 2007 EXTEMPORE JUDGMENT DATE: 19 November 2007

Mr A Hatcher of counsel W G McNally Jones Staff (Ms A McRobert, Solicitor) LEGAL REPRESENTATIVES: Mr P Ginters of counsel Department of Education and Training (Mr E Dailly, Industrial Officer)