NSW Nurses' Association v Crown in Right of the State of New South Wales (Director General, NSW Dept of Health in respect of Sydney West Area Health Service( [2010] NSWIRComm 125

Industrial Court of New South Wales

CITATION: NSW Nurses' Association v Crown in Right of the State of New South Wales (Director General, NSW Dept of Health in respect of Sydney West Area Health Service( [2010] NSWIRComm 125

PARTIES: NSW Nurses' Association (Applicant) Crown in Right of the State of New South Wales (Director General, NSW Dept of Health in respect of Sydney West Area Health Service) (Respondent)

FILE NUMBER(S): IRC 163 of 2010

CORAM: Marks J

CATCHWORDS: APPLICATION FOR DECLARATION UNDER s 154 – declarations directed to contracts allowing employees to take voluntary redundancy – repudiation – not accepted by election – whether effluxion of time precludes applicant from relying on agreement – jurisdiction of Industrial Court – "industrial matter" – functions of the Commission – declaratory relief granted – orders made – proceedings stood over to allow parties to confer

LEGISLATION CITED: Industrial Arbitration Act 1940 – s 30A Industrial Relations Act 1996 – s6, s136, s146, s154

Foren v Wight (1989) 168 CLR 385 Forster v Jododex Aust Pty Ltd [1972] HCA 61; (1972) 127 CLR 421 Havenbar Pty Ltd v Butterfield [1974] HCA 24; (1974) 133 CLR 449 CASES CITED: Peter Turnbull and Co Pty Ltd v Mundus Trading Co (Australiasia) Pty Ltd [1954] HCA 25; (1953-1954) 90 CLR 235 Public Service Board (NSW) v Public Service Association (NSW) (1986) 14 IR 445 T v the Commission for Children and Young People [2008] NSWIRComm 21 Tooheys v Blinkhorn [2008] NSWSC 499 Turner v The Australasian Coal and Shale Employees' Federation and Elcom Collieries Pty Ltd [1984] FCA 275; (1984) 6 FCR 177