Sparke v State Training Services [2014] NSWIRComm 3

Industrial Relations Commission New South Wales Medium Neutral Citation: Sparke v State Training Services [2014] NSWIRComm 3 Hearing dates: 18 December 2013, 24 January 2014 Decision date: 17 February 2014 Jurisdiction: Industrial Court of NSW Before: Backman J Decision: Both matters will be sent to the President with a view to dealing with the proceedings as pending proceedings in the Supreme Court. Catchwords: Section 190A of the Industrial Relations Act 1996 (the IR Act) - two applications for leave to appeal and appeal - Apprenticeship and Traineeship Act 2001 (the A & T Act) s 55 - Industrial Relations Amendment (Industrial Court) Act 2013 (the amending Act) - amendments make significant changes to Commission's appellate jurisdiction - whether the applications fall within "pending proceedings" under sub-clauses 58(1) - (3), inclusive, of Schedule 4, Part 16 of the IR Act - observations on the competency of the appeal in IRC 754 of 2013 - observations on ambit of s 190A of the IR Act - orders Legislation Cited: Apprenticeship and Traineeship Act 2001 Civil and Administrative Legislation (Repeal and Amendment) Act 2013 Industrial Relations Act 1996 Industrial Relations Amendment (Industrial Court) Act 2013 Category: Procedural and other rulings Parties: David Sparke (Applicant) Beeox Corporation Pty Ltd (Applicant) State Training Services (First Respondent) Vocational Training Board (Second Respondent) Representation: Mr D Sparke (Applicant in person)

Mr T Dixon of counsel (Respondents) Mr C Miles (Respondents) File Number(s): IRC 754 of 2013 IRC 957 of 2013