Industrial Relations Commission of New South Wales CITATION: State Wage Case 2006 (No 3) [2006] NSWIRComm 120 APPLICANT Unions NSW RESPONDENTS Australian Business Industrial and affiliated associations Australian Industry Group, New South Wales Branch Australian Retailers Association PARTIES: Catholic Commission for Employment Relations Employers First Local Government and Shires Association of New South Wales Minister for Industrial Relations Motor Traders' Association of New South Wales Public Employment Office INTERVENOR Minister for Employment and Workplace Relations (Cth) FILE NUMBER(S): 5778 of 2005 CORAM: Wright J President; Walton J Vice-President; Harrison DP; Boland J; Bishop C; Stanton C CATCHWORDS: State Wage Case - Application for intervention by Commonwealth - Application granted on terms. HEARING DATES: 06/04/2006 EXTEMPORE JUDGMENT DATE: 04/06/2006 APPLICANT Mr M Lennon Unions NSW Mr J V Murphy of counsel Minister for Industrial Relations and Public Employment Office Mr E Leahy Catholic Commission for Employment Relations Mr T McDonald Employers First LEGAL REPRESENTATIVES: Ms V Paul Australian Business Industrial Australian Industry Group, New South Wales Branch and affiliated associations Mr P Bickerstaff Local Government and Shires Association of New South Wales Mr T Abrams Printing and Allied Trades Employers Association of New South Wales INTERVENOR Mr S Amendola, Solicitor Minister for Employment and Workplace Relations Solicitors: Blake Dawson Waldron JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES FULL BENCH CORAM: Wright J, President Walton J, Vice President Harrison DP Boland J Bishop C Stanton C Thursday 6 April 2006 Matter No IRC 5778 of 2005 STATE WAGE CASE 2006 Application by Unions New South Wales for a State Decision - State Wage Case 2006 under section 51 of the Industrial Relations Act 1996 STATEMENT OF THE FULL BENCH (ex tempore) [2006] NSWIRComm 120 1 We have decided to grant the application by the federal Minister for Employment and Workplace Relations ("the Commonwealth") for leave to intervene in the proceedings subject to terms as to the extent and nature of that intervention. 2 However, in order to define such matters, it will be necessary for the Commonwealth to specify with greater precision the role it intends to take in the proceedings. It should do so in writing by 4pm Tuesday 11 April 2006 and should, in its documentation to be filed and served by that time, precisely identify: (a) its position in respect of the claim by Unions New South Wales; (b) the material it intends to rely on in support of its position; and (c) why it should be permitted to cross-examine in the proceedings; with particular reference to the witness statements and affidavits filed by the applicant on 31 March 2006 and those to be filed on 13 April 2006 (and in respect of the material to be filed on 13 April that should be the subject of a subsequent document to be filed and served by the Commonwealth by 4pm 20 April 2006). 3 The Full Bench in due course shall publish a statement specifying the extent and nature of the limitations on the Commonwealth's intervention. ____________ DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.