Commissioner of Police v Bunait [2010] NSWIRComm 16

Industrial Relations Commission of New South Wales

CITATION: Commissioner of Police v Bunait [2010] NSWIRComm 16

PARTIES: Commissioner of Police (Appellant) Gurmit Bunait (Respondent)

FILE NUMBER(S): IRC 1574 of 2009

CORAM: Boland J President; Walton J Vice-President; Harrison DP

CATCHWORDS: APPEAL - POLICE - Application for leave to appeal and appeal by Commissioner of Police from a decision at first instance refusing to accede to an objection and request under s 173(1) of the Industrial Relations Act 1996 - Test to be applied under s 173(1) - 'Conciliation phase' - 'Arbitration phase' - Whether objection and request under s 173(1) must be raised before the Commission commences to exercise arbitration powers in relation to the industrial dispute or 'other matter' in respect of which the Commission attempted conciliation - Making of directions for the filing and serving of evidence to be relied upon by parties in the arbitration proceedings cannot be regarded as the Commission commencing to exercise arbitration powers in relation to application for relief under s 174 of the Police Act 1990 - No prejudice to respondent - Leave to appeal granted - Appeal upheld.

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

Allchin v Commissioner of Police (No 2) [2007] NSWIRComm 280; (2007) 168 IR 170 Brown v Coca-Cola Amatil (Aust) Pty Ltd (2002) 123 IR 33 Commissioner of Police and Police Association of New South Wales [2005] NSWIRComm 132; (2005) 141 IR 423 Gabrielle Irene Brennan (trading as "Gai Abandon Clothing") v Lorraine Linda Asciak [2009] NSWIRComm 159 CASES CITED: Gurmit Bunait and Commissioner of Police [2009] NSWIRComm 150 Hosemans v Commissioner of Police (No 4) [2005] NSWIRComm 409; (2005) 150 IR 263 Humphries v Cootamundra Ex-Services and Citizens Memorial Club Ltd (2001) 121 IR 122 King v State Bank of New South Wales (No 2) [2002] NSWIRComm 353; (2002) 126 IR 407 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Public Service Association of NSW and Department of Corrective Services & Anor [1994] NSWIRComm 148 (Hill J, Peterson J and Murphy CC, 9 December 1994)