NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Lance Goldsmith and Commissioner of Police [2008] NSWIRComm 170
Applicant: PARTIES: Lance Goldsmith Respondent: Commissioner of Police
FILE NUMBER(S): IRC23 of 2007
CORAM: Kavanagh J
CATCHWORDS: s181E - failure of Commissioner to comply with a Memorandum of Agreement for one year - terms of Memorandum of Agreement entered as Orders
LEGISLATION CITED: Police Service Act 1990 Industrial Relations Act 1996
HEARING DATES: 15/09/08 EXTEMPORE JUDGMENT DATE: 15 September 2008
Applicant: Solicitors Mr E.L. Oates Oates & Smith
LEGAL REPRESENTATIVES:
Respondent: Mr R. Warren of counsel Solicitors: Mr D. Lloyd/Ms K. Srdanovic Blake Dawson
JUDGMENT:
- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Kavanagh J
Monday 15 September 2008
Matter No IRC 23 of 2007
LANCE GOLDSMITH AND COMMISSIONER OF POLICE
Application by Lance Goldsmith for review of an order under s181E of the Police Act 1990 EX TEMPORE DECISION
[2008] NSWIRComm 170
1 HER HONOUR: I have before me an application under s174 of the Industrial Relations Act 1996. Section 174 states: 174 Powers when application settled by conciliation If a matter that is the subject of an application to the Commission under this Act is settled by conciliation, the Commission may: (a) dismiss the application, or (b) make an order on the agreed terms for settlement. 2 Mr E.L. Oates, solicitor, on behalf of the applicant, Lance Goldsmith, has filed an Application for a Review of an Order under s181E of the Police Act 1990. In conciliation procedures related to the application, a Memorandum of Agreement was signed on 6 September 2007 on behalf of Mr Goldsmith and on behalf of the Commissioner of Police. The applicant asserts the terms of the Memorandum have, at this stage, not been complied with by the Commissioner for over one year. 3 The Memorandum of Agreement reads: The Parties agree, subject to approval by the Commission, that this matter be stood over generally, or to a date fixed by the Commission, on the following basis:
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