NEWCREST MINING v IRC of NSW & CFMEU [2005] NSWCA 85

New South Wales Court of Appeal

CITATION: NEWCREST MINING v IRC of NSW & CFMEU [2005] NSWCA 85

HEARING DATE(S): 21/03/2005

JUDGMENT DATE: 23 March 2005

JUDGMENT OF: Bryson JA at 1

DECISION: Notice of Motion dismissed with costs

CATCHWORDS: PRACTICE and PROCEDURE - Court of Appeal - stay of proceedings pending application for prohibition - principles on which stay granted under inherent power and SC Act 1970 s.23 - refuse to stay proceedings in IRC on dispute notification pending hearing of application for prohibition based on lack of State jurisdiction and inconsistency between AWA under SR Act (Cth) and provisions of IR Act (NSW) - INDUSTRIAL LAW - employment under AWA under WR Act (Cth) - whether Constitution s.109 inconsistency excludes dispute resolution provisions of IR Act (NSW) - interlocutory stay of proceedings in IRC refused.

Industrial Relations Act 1996 Judiciary Act 1903 (Cth) LEGISLATION CITED: Supreme Court Act 1970 Workplace Relations Act 1996 (Cth)

CFMEU v Newcrest Mining Limited [2005] NSWIRComm 23 Notification under s130 by the CFMEU of a dispute with Newcrest Mining Limited [2005] NSWIRComm 77 CASES CITED: Alexander v. Cambridge Credit Corporation (Receivers Appointed) (1985) 2 NSWLR 685 New South Wales Bar Association v. Stevens [2003] NSWCA 95

Newcrest Mining - Claimant PARTIES: Industrial Relations Commission of New South Wales - First Opponent Construction, Forestry, Mining and Energy Union (NSW Branch) - Second Opponent

FILE NUMBER(S): CA 40139/2005

R Buchanan Q.C. and S Meehan for the Claimant COUNSEL: S Crawshaw S.C. and A Slevin for the Second Opponent