Gurmit Bunait and Commissioner of Police [2009] NSWIRComm 150

Industrial Relations Commission of New South Wales

CITATION: Gurmit Bunait and Commissioner of Police [2009] NSWIRComm 150

APPLICANT Gurmit Bunait PARTIES: RESPONDENT Commissioner of Police

FILE NUMBER(S): IRC 970 of 2009

CORAM: Sams DP

CATCHWORDS: PRACTICE AND PROCEDURE - application for review of an order of the Commissioner of Police - conciliation undertaken - matter not resolved - listed for report back - dates sought for hearing - discussion as to directions and hearing dates - finding of unsuccessful conciliation - directions issued - application under s 173 of the Industrial Relations Act 1996 made to Industrial Registrar four days after directions made - disqualification application opposed - timeliness of application - whether Commission moved from conciliation phase to arbitral phase - whether time for disqualification application had passed - whether party had waived its rights - principles considered - other authorities' circumstances not analogous to these proceedings - timeliness of application not relevant - Commission had moved to arbitral phase - opportunity to seek further instructions - both parties co-operated in programming -moving party had waived its rights - time for making disqualification application had passed - application refused - directions reaffirmed and matter listed for hearing.

Industrial Relations Act 1991 LEGISLATION CITED: Industrial Relations Act 1996 Police Act 1990

Brown v Coca-Cola Amatil (Aust) Pty Ltd (2002) 123 IR 33 CASES CITED: Commissioner of Police and Police Association of New South Wales (2005) 141 IR 423 Director General, NSW Department of Education and Training v NSW Teachers' Federation [2009] NSWIRComm 147 Humphries v Cootamundra Ex-Services and Citizens Memorial Club Ltd (2001) 121 IR 122