Unions NSW v Carter Holt Harvey Wood Products Australia Pty Ltd [2006] NSWIRComm 2

Industrial Relations Commission of New South Wales

CITATION: Unions NSW v Carter Holt Harvey Wood Products Australia Pty Ltd [2006] NSWIRComm 2

APPLICANT Unions NSW PARTIES: RESPONDENT Carter Holt Harvey Wood Products Australia Pty Ltd

FILE NUMBER(S): IRC 3513 of 2005

CORAM: Walton J Vice-President; Sams DP; Boland J; Bishop C

Industrial dispute - Termination of employment - Employee's terms and conditions of employment regulated by federal industrial instruments - Reference of three jurisdictional questions to Full Bench - Whether the power granted to the Industrial Relations Commission of NSW by s 137(1)(b) of the Industrial Relations Act 1996 to order the reinstatement or re-employment of dismissed employees is not available in respect of dismissed employees whose employment was regulated by awards made, or agreements certified under the Workplace Relations Act 1996 (Cth) - Whether an order under s 137(1)(b) of the Industrial Relations Act 1996 for the reinstatement or re-employment of dismissed employee would be inconsistent with federal industrial instruments and invalid, by reason of s 109 of the Constitution and s 152(1) of the Workplace Relations Act 1996 (Cth) - Whether, in respect of an application for an order under s 137(1)(b) of the Industrial Relations Act 1996 the reinstatement or re-employment of the dismissed employee, s 137(1)(b) would be inconsistent with s 170CH of the Workplace Relations Act 1996 (Cth) and invalid by reason of s 109 of the Constitution - Correctness of decision in Moore v Newcastle City Council, Re Civic Theatre Newcastle (1997) 43 NSWLR 614 considered - Held that reasoning of Full Bench in Moore underpinning its conclusion that the Industrial Relations Act 1996 does not evince "an intention to cross the boundary into the area of Federal regulation" was wrong and should not be followed - CATCHWORDS: