CFMEU (NSW) (o-b of Hemsworth) v Brolrik Pty Ltd t-as Botany Cranes & Forklift Services [2007] NSWIRComm 205

Industrial Relations Commission of New South Wales

CITATION: CFMEU (NSW) (o-b of Hemsworth) v Brolrik Pty Ltd t-as Botany Cranes & Forklift Services [2007] NSWIRComm 205

APPELLANTS: Construction, Forestry, Mining and Energy Union (NSW) (on behalf of its member Barry Hemsworth)

PARTIES: RESPONDENT: Brolrik Pty Ltd t/as Botany Cranes & Forklift Services

INTERVENOR: Minister for Industrial Relations

FILE NUMBER(S): IRC 3131 of 2006

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

CATCHWORDS: Jurisdiction - Notice of motion - Victimisation - Relief from victimisation under s 213 of the Industrial Relations Act 1996 - Whether s 213 is rendered invalid by s16(1) of the Workplace Relations Act 1996 (Cth) - Whether inconsistency under s 109 of Australian Constitution - Subsections 16(2)(c) and (3)(c) of the WR Act - Whether ss 213 and 210(1)(j) of the IR Act are saved by the exceptions contained within ss 16(2) and (3) as law which "deals with" "non -excluded matters"; namely, occupational health and safety in s 16(3)(c) - Subsection 16(2)(b) - Whether passing of a regulation relevant to legislative intention - Motion dismissed.

Australian Constitution s 109 Corporations Act 2001 (Cth) Fair Trading Amendment (Employment Placement Services) Act 2002 Industrial Relations Act 1991 s 481 Industrial Relations Act 1996 ss 10, 11, 167, 210, 213 LEGISLATION CITED: Long Service Leave Act 1955 Occupational Health and Safety Act 1983 s 26 Occupational Health and Safety Act 2000 ss 3, 23, 23A Rail Safety Act 2002 Transport Legislation Amendment (Safety and Reliability) Act 2003 Workplace Relations Act 1996 (Cth) ss 4, 5, 6, 16