Bros Bins Systems Pty Ltd v Industrial Relations Commission of New South Wales [2008] NSWCA 292

Reported Decision: 74 NSWLR 257

New South Wales Court of Appeal

CITATION: Bros Bins Systems Pty Ltd v Industrial Relations Commission of New South Wales [2008] NSWCA 292 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 11 September 2008

JUDGMENT DATE: 7 November 2008

JUDGMENT OF: Spigelman CJ at 1; Giles JA at 87; Handley AJA at 88

1 Remove into the Court of Appeal the record of the following proceedings: (i) Proceedings IRC 6649/2002. (ii) Proceedings IRC 5012/2001. (iii) Proceedings IRC 4243/2005. 2 Quash Orders 3 and 4 of the Full Bench in IRC 6649/2002. DECISION: 3 In IRC 5012/2001 quash: (i) The finding of guilt and conviction against Bros Bins Systems Pty Ltd. (ii) Orders 2 and 3 made by Marks J on 22 July 2005. 4 In IRC 4243/2005 quash Orders 1 and 2 of the Full Bench of 7 September 2006 and the order as to costs of 31 July 2007. 5 Proceedings IRC 6649/2002 remitted to the Industrial Court. 6 Costs of proceedings in IRC 6649/2002, IRC 5012/2001 and IRC 4234/2005 remitted to the Industrial Court for its consideration. 7 Order the second respondent to pay half of the applicant's costs of these proceedings.

CATCHWORDS: INDUSTRIAL LAW – Occupational health and safety – Offences – Interpretation of offence creating provision – Whether jurisdictional error – Occupational Health and Safety Act 1983, s 17 - PROCEDURE – Appeal from acquittal by single judge of the Industrial Court – Powers of the Full Bench on appeal – Whether power to remit – Industrial Relations Act 1996, s 196, s 197A - PROCEDURE – Appeal from acquittal by single judge of the Industrial Court – Powers of the Full Bench on appeal – Failure to exercise power – Jurisdictional error