Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (on behalf of its member Mick Amarasinghe) and WorkCover Authority of New South Wales [2012] NSWIRComm 143

Industrial Relations Commission New South Wales Medium Neutral Citation: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (on behalf of its member Mick Amarasinghe) and WorkCover Authority of New South Wales [2012] NSWIRComm 143 Hearing dates: 21 November 2012 Decision date: 11 December 2012 Jurisdiction: Industrial Relations Commission Before: Staff J Decision: The application is dismissed Catchwords: APPLICATION FOR REVIEW - Work Health and Safety Act 2011 - decision of Regulator regarding attendance of applicant at health and safety representative course - whether applicant had exhausted all his entitlements to attend course - held - statutory decision for purported review did not exist - decision made in absence of jurisdiction constituting error - no decision at all - no decision to review - application dismissed - s 72, s 85(6), s 90(4), s 229 of Work Health and Safety Act 2011 Legislation Cited: Occupational Health and Safety Act 2000 Work Health and Safety Act 2011 Work Health and Safety Regulation 2011 Cases Cited: Abebe v Commonwealth [1999] HCA 14; (1999) 197 CLR 510; (1999) 162 ALR 1; (1999) 73 ALJR 584 Kirk v Industrial Relations Commission of New South Wales; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 239 CLR 531 Minister for Immigration & Multicultural Affairs v Bhardwaj [2002] HCA 11 ; (2002) 209 CLR 597; (2002) 187 ALR 117; (2002) 76 ALJR 598 Plaintiff S157/2002 v Commonwealth [2003] HCA 2; (2003) 211 CLR 476; (2003) 195 ALR 24; (2003) 77 ALJR 454 Category: Principal judgment Parties: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (on behalf of its member Mick Amarasinghe) (Applicant) WorkCover Authority of New South Wales (First Respondent) State Transit Authority of the Government Service (Second Respondent) Representation: Mr AM Slevin of counsel (Applicant) Mr G Diggins solicitor (First Respondent) Mr G Hanson (Second Respondent) Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (Applicant) WorkCover Authority of New South Wales (First Respondent) State Transit Authority (Second Respondent) File Number(s): IRC 964 of 2012