Secretary of the Treasury & ors and Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales & ors [2014] NSWIRComm 2

Industrial Relations Commission New South Wales Medium Neutral Citation: Secretary of the Treasury & ors and Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales & ors [2014] NSWIRComm 2 Hearing dates: 30 January 2014 Decision date: 12 February 2014 Jurisdiction: Industrial Relations Commission Before: Walton J, President, Staff J, Newall C Decision: (1) The appeal in this matter is stayed until the determination of proceedings (385141 of 2013) in the New South Wales Court of Appeal; (2) The application for a stay is refused. Catchwords: Appeal - application for stay - proceedings for prerogative relief before New South Wales Court of Appeal - proceedings dealing with same subject before the Court of Appeal and Commissioner on appeal - principles on stay -s 190 - nature of that provision - holding appeal - chances of prosecution of appeal remote - lack of utility - weighed against balance of convenience - stay refused Legislation Cited: Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 Superannuation Guarantee (Administration) Amendment Act 2012 (Cth) Uniform Civil Procedure Rules Cases Cited: Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 Campbells Cash and Carry Pty Limited and National Union of Workers, New South Wales Branch [2001] NSWIRComm 79; (2001) 104 IR 400 Newcrest Mining v Industrial Relations Commission (NSW) [2005] NSWCA 85; (2005) 139 IR 72 Nurses and Midwives Association v Justice Health and Forensic Mental Health Network (a Division of NSW Health) [2012] NSWIRComm 148 Qureshi v De Haas [2009] NSWIRComm 46 Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors [2013] NSWIRComm 53 Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors (No 2) [2013] NSWIRComm 76 Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors (No 3) [2013] NSWIRComm 109 Re Transport Industry - Waste Collection and Recycling (State) Award [2000] NSWIRComm 236; (2000) 102 IR 192 State of New South Wales (Department of Public Works and Services and Department of Education and Training) v Workcover Authority of New South Wales (Inspector Page) [2000] NSWIRComm 124; (2000) 101 IR 131 Surfing Hardware International Holdings & Ors v William McCausland and Anor [2006] NSWIRComm 276; (2006) 156 IR 352 Water Industry Salaried Officers' Union v Professional Officers' Association (NSW) (1987) 22 IR 178 Category: Interlocutory applications Parties: Secretary of the Treasury (first appellant) Director-General, Ministry of Health (second appellant) Landcom (third appellant)