Ambulance Service of NSW v HSU East [2013] NSWIRComm 48

Industrial Relations Commission New South Wales Medium Neutral Citation: Ambulance Service of NSW v HSU East [2013] NSWIRComm 48 Hearing dates: 18/07/2012, 23/08/2012, 9/11/2012, 10/12/2012 Decision date: 14 June 2013 Before: Backman J Decision: The Orders sought by Mr Flint in the Notice of Motion are refused and the Motion is dismissed. Catchwords: NOTICE OF MOTION - Application to intervene in proceedings for declaratory relief under s 154 of the Industrial Relations Act 1996 (the Act) - whether the Court has a proper contradictor - consideration of relevant principles in relation to exercise of discretion to intervene - Orders Legislation Cited: Industrial Relations Act 1996 Cases Cited: Australian Competition and Consumer Commission v MSY Technology Pty Ltd [2012] FCAFC 56; (2012) FCR 378 Re Operational Ambulance Officers (State) Award [2011] NSWIRComm 61; (2011) 207 IR 272 Re Plumbers and Gasfitters (State) Conciliation Committee [1936] AR (NSW) 341 Re Special Constables (Police Department) Award [1956] AR (NSW) 880 Category: Interlocutory applications Parties: Ambulance Service of NSW (Applicant) Health Services Union East (Respondent) Wayne Anthony Flint (Intervenor) Representation: Mr JH Pearce of counsel (Applicant) Mr J Murphy of counsel (Respondent) Mr I Latham of counsel (Intervenor) Ambulance Service of NSW (Applicant) Health Services Union East (Respondent) Emergency Medical Service Protection Association (Intervenor) File Number(s): IRC 585 of 2012