Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112 Hearing dates: 12 February 2014 Decision date: 08 April 2014 Before: Basten JA at [1]; Ward JA at [75]; Bergin CJ in Eq at [76] Decision: (1) Set aside decisions (1) and (5) made on 30 August 2013 by the Full Bench of the Industrial Relations Commission in matters IRC 1226 and 1244 of 2012. (2) Remit the appeal and cross-appeal in those matters to a Full Bench of the Industrial Relations Commission to be determined according to law. (3) Order the respondent to pay the applicants' costs in this Court. [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 - jurisdictional error - precondition for the existence of jurisdiction - whether appellate jurisdiction of the Full Bench of the Industrial Relations Commission depended on its satisfaction that a relevant error affected decision under appeal or upon demonstration of error to the reviewing court - Industrial Relations Act 1996 (NSW), s 191

ADMINISTRATIVE LAW - jurisdictional error - whether Full Bench of the Industrial Relations Commission erred in its redetermination of the matter - whether the Full Bench, having accepted misconduct, asked itself whether the proposed dismissal was harsh, unreasonable or unjust - Industrial Relations Act 1996 (NSW), s 89(7)