Secretary of the Treasury v Public Service Association & Professional Officers' Association Amalgamated Union of New South Wales [2014] NSWCA 14

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Secretary of the Treasury v Public Service Association & Professional Officers' Association Amalgamated Union of New South Wales [2014] NSWCA 14 Hearing dates: 10 February 2014 Decision date: 11 February 2014 Before: Basten JA Decision: (1) The orders made by Boland J on 20 December 2013 in the Industrial Relations Commission in the matter of Re Crown Employees Wages Staff (Rates of Pay) Award 2011 (No 3) [2013] NSWIRComm 109 be stayed pending determination of the proceedings in this Court. (2) The costs of the motion be the respondents' costs in the proceedings. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review - stay - review of decision of industrial tribunal - whether decision should be stayed pending review for alleged jurisdictional error

PRACTICE AND PROCEDURE - interlocutory application for stay - relevant considerations - nature of dispute in industrial matter - potential prejudice to parties and employees entitled to benefits of award - difficulty in recovering payments once made - conduct of applicant in delaying making review application Legislation Cited: Industrial Relations Act 1996 (NSW), ss 118, 146C, 179 Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 (NSW), cll 6, 7 Superannuation Guarantee (Administration) Amendment Act 2012 (Cth) Supreme Court Act 1970 (NSW), s 23 Uniform Civil Procedure Rules 2005 (NSW), rr 51.1, 51.44, 59.10 Cases Cited: Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531 Newcrest Mining v Industrial Relations Commission (NSW) [2005] NSWCA 85; 139 IR 72 The Queen v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Company Pty Ltd [1953] HCA 22; 88 CLR 100 Re Australian Nursing Federation; Ex parte State of Victoria [1993] HCA 8; 112 ALR 177 Re Crown Employees Wages Staff (Rates of Pay) Award 2011 (No 2) [2013] NSWIRComm 53 Re Griffin; Ex parte Professional Radio & Electronics Institute of Australasia [1988] HCA 72; 167 CLR 37 Re Moore; Ex parte Pillar (1991) 103 ALR 11 Category: Interlocutory applications Parties: Secretary of the Treasury (First Applicant) Director General Ministry of Health (Second Applicant) Landcom (Third Applicant) Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (First Respondent) and 15 Ors Representation: Counsel: