Rail Corporation New South Wales and Australian Rail Tram and Bus Industry Union, New South Wales [2008] NSWIRComm 101

Industrial Relations Commission of New South Wales

CITATION: Rail Corporation New South Wales and Australian Rail Tram and Bus Industry Union, New South Wales [2008] NSWIRComm 101

RAIL CORPORATION NEW SOUTH WALES Appellant PARTIES: AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES Respondent

FILE NUMBER(S): IRC 228 of 2008

CORAM: Schmidt J at 1; Staff J at 1; McKenna C at 68

CATCHWORDS: Appeal - leave to appeal and appeal a decision - long-running dispute about classification - question posed interpretation of unregistered industrial agreement - submissions indicated decision would be accepted - no jurisdictional impediment to an appeal - recommendation made in arbitral proceedings - consideration of arbitral proceedings under s 136 and interpretation of an instrument under s 175 of the Industrial Relations Act 1996 - rights of appeal under s 187 considered - industrially pragmatic result of the consideration - error demonstrated - leave to appeal granted - appeal upheld - recommendation made set aside

LEGISLATION CITED: Industrial Relations Act 1996 Industrial Relations Commission Rules

Australian Rail, Tram and Bus Industry Union, New South Wales Branch v Rail Corporation NSW [2008] NSWIRComm 14 CASES CITED: Davies v Kyogle Council [2008] NSWIRComm 90 State Rail Authority of New South Wales and Australian Rail, Tram and Bus Industry Union (C No. 20712 of 2000, 10 May 2000)

HEARING DATES: 23 April 2008

DATE OF JUDGMENT: 23 May 2008

APPELLANT: Mr PM Kite SC SOLICITORS: Blake Dawson Waldron LEGAL REPRESENTATIVES: RESPONDENT: Ms L Carruthers Research, Industrial Officer AUSTRALIAN RAIL TRAM AND BUS UNION, NSW