Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch v Roads and Traffic Authority of NSW [2011] NSWIRComm 1024

Industrial Relations Commission New South Wales Medium Neutral Citation: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch v Roads and Traffic Authority of NSW [2011] NSWIRComm 1024 Hearing dates: 23 May 2011 Decision date: 26 May 2011 Jurisdiction: Industrial Relations Commission Before: Oakman AC Decision: Notice of Motion dismissed; Application for Interim Orders refused Catchwords: INDUSTRIAL DISPUTE - Application for Interim Order - union seeks order for employer to provide employment until dispute arbitrated - Notice of Motion - employer challenges Commission's jurisdiction to make orders - Held: Commission has jurisdiction - notice of motion dismissed - balance of convenience does not favour making interim orders - application refused Legislation Cited: Industrial Relations Act 1996 Cases Cited: ASMOF (NSW) (on behalf of Dr Wojtulewicz) v Director General of NSW Health (Children's Hospital at Westmead) [2008] NSWIRComm 229 Director-General NSW Department of Health, in respect of the Hunter New England Area Health Service and Australian Medical Association (NSW) Ltd [2008] NSWIRComm 112 National Union of Workers, NSW Branch on behalf of Mr Arvin Tubungbanua and Express Data Pty Ltd [2005] NSWIRComm 57 Orange City Bowling Club Ltd v Federated Liquor and Allied Industries Employees' Union of Australia, NSW Branch [1979] AR (NSW) 90 Police Association v NSW Police (No. 3) (2005) 144 IR 150 Re Ambulance Service of NSW and Broken Hill Town Employees' Union [2004] NSWIRComm 73 Category: Interlocutory applications Parties: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch (Applicant) and Roads and Traffic Authority of NSW (Respondent) Representation: Mr A Walkaden Legal Officer, AMWU (Applicant)