NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Coal Industry (Long Service Leave) Award 2006 [2007] NSWIRComm 134
APPLICANT: Construction, Forestry, Mining and Energy Union (New South Wales branch)
RESPONDENTS: PARTIES: Endeavour Coal Pty Ltd and others Association of Professional Engineers, Scientists and Managers, Australia
INTERVENORS: Australian Industry Group Australian Federation of Employers and Industries
FILE NUMBER(S): IRC 2785 of 2006
CORAM: Walton J Vice-President
CATCHWORDS: Award applicaton - long service leave - resumption after declaratory proceedings - appeal to Federal Court - adjournment application - public interest considerations - displacement public interest considerations due to nature of proceedings - potential challenge re s17 Workplace Relations Act - counterveiling factors - avoidance of splitting jurisdictional issues - limitation on reservation of issues by respondents - adjournment granted on terms
Coal Mining Industry (Long Service Leave Funding) Act 1992 (Cth) LEGISLATION CITED: Industrial Relations Act 1996 Workplace Relations Act 1996
CASES CITED: Endeavour Coal Pty Limited and others v Construction, Forestry, Mining and Energy Union (New South Wales Branch) [2007] NSWIRComm 70 Re Notification by Construction, Forestry, Mining and Energy Union (NSW Branch) of a dispute with Newcrest Mining Limited (2005) 139 IR 78
HEARING DATES: 18 May 2007
DATE OF JUDGMENT: 31 May 2007
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