ACI Operations Pty Ltd v Field [2011] NSWIRComm 5

Industrial Relations Commission New South Wales Medium Neutral Citation: ACI Operations Pty Ltd v Field [2011] NSWIRComm 5 Hearing dates: 10 December 2010 Decision date: 18 February 2011 Jurisdiction: Industrial Court of NSW Before: Boland P Decision: The Court orders that the applicant's application for declaratory and injunctive relief is dismissed. Catchwords: STATUTORY INTERPRETATION - Worker employed under federal industrial instrument - Worker dismissed from his employment - Worker sought reinstatement under Pt 8 of the Workers Compensation Act 1987 (NSW) - Application by employer for declaratory and injunctive relief - Employer contended Industrial Relations Commission of NSW precluded from dealing with reinstatement claim - Employer contended that Workers Compensation Act inconsistent with federal laws and federal industrial instruments applying to worker's employment - Held no inconsistency - Application for relief dismissed Legislation Cited: Commonwealth Constitution s 109 Fair Work Act 2009 (Cth) s 26 s 27 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) s 11 Industrial Arbitration Act 1940 Industrial Relations Act 1996 s 10 s 11 s 154 Industrial Relations (Further Amendment) Act 2006 Judiciary Act 1902 (Cth) s 78B Work Choices Act 2006 (Cth) Workers Compensation Act 1987 s 240 s 241 s 242 s 243 s 244 s 248 Workplace Relations Act 1996 (Cth) s 16 s 17 s 170LT s 170LJ s 170 LZ s 327 s 643 s 651 s 659 s 672 s 674 Workplace Injury Management and Workers Compensation Act 1998 s 2A Cases Cited: Australian Salaried Medical Officers' Federation (NSW) v Central Sydney Area Health Services [2005] NSWIRComm 339; (2005) 147 IR 56 Craig Field v ACI Operations Pty Limited (O-I Sydney) [2008] AIRC 788 Deva v University of Western Sydney [2009] NSWSC 280; (2009) 229 FLR 380 Dickson v The Queen [2010] HCA 30; (2010) 270 ALR 1 Electrolux Home Products Pty Ltd v Australian Workers' Union [2004] HCA 40; (2004) 221 CLR 309 Endeavour Coal Pty Ltd v Construction, Forestry, Mining and Energy Union [2007] FCAFC 177; (2007) 165 FCR 1 R v Credit Tribunal; Ex parte General Motors Acceptance Corporation Australia [1977] HCA 34; (1977) 137 CLR 545 State Rail Authority of New South Wales v Tyrrell (No 2) (1993) 51 IR 14 Category: Principal judgment Parties: ACI Operations Pty Ltd (Applicant) Craig Field (Respondent) Attorney General of NSW (Intervenor) Unions NSW (Intervenor) Representation: SOLICITORS/ORGANISATIONS: Zeitz Workplace Lawyers (Applicant) The Australian Workers' Union of NSW (Respondent) Crown Solicitor (Intervenor)Unions NSW (Intervenor) APPEARANCES: Mr M C L Seck of counsel (Applicant) Mr J W Nolan of counsel (Respondent) Mr I Taylor of counsel (Intervenor) Ms E Madden, Industrial Officer for Unions NSW (Intervenor) File Number(s): IRC 1225 of 2010