Twentieth Superpace Nominees v TWU [2006] NSWIRComm 218

Industrial Relations Commission of New South Wales

CITATION: Twentieth Superpace Nominees v TWU [2006] NSWIRComm 218

APPELLANT Twentieth Superpace Nominees Pty Ltd (t/a Specialised Container Transport) PARTIES: RESPONDENT Transport Workers' Union of New South Wales (on behalf of Mr Steve Purdy)

FILE NUMBER(S): IRC 6710 of 2005

CORAM: Wright J President; Walton J Vice-President; Ritchie C

CATCHWORDS: Appeal - Leave to appeal - Victimisation - Application for Employment - Proper meaning of s210(1)(j) - Makes a complaint - About a workplace matter - Workplace matter not safe or a risk to health - Causation under s210(2) - Distinction between immediate reason and proximate reason - Distinction not necessary or helpful - Process of characterisation of the particular facts - whether conduct was carried out because of the specified act - Operation of reserve onus - Appellant failed to fulfil the reverse onus - Failed to show the complaints were not the substantial and operative cause of refusal to employ - Employer victimised prospective employee - Appeal dismissed - Stay dissolved

Industrial Relations Act 1996, ss188, 210, 213 LEGISLATION CITED: Occupational Health and Safety Act 2000, ss8(1) and (2) Workplace Relations Act 1996 (Cth), ss298K, 298L, 298V

Briginshaw v Briginshaw (1938) 60 CLR 336 Knowles v Anglican Church Property Trust (No 2) (1995) 95 IR 380 Australian Air Express v Langford (2005) 147 IR 240 Moss v Fantil Pty Ltd (1994) 58 IR 118 CASES CITED: Davis v Amalgamated Television Services (1998) 81 IR 364 Greater Dandenong City Council v ASU (2001) 111 IR 121 Maritime Union of Australia v CSL Australia Pty Ltd (2002) 113 IR 326 Australian Workers' Union and Another v John Holland Pty Ltd [2001] FCA 93 AMIEU v Belandra (2003) 126 IR 165 Purvis v New South Wales Department of Education and Training and Another (2003) 217 CLR 92