New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Liverpool City Council [2014] NSWIRComm 17

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Liverpool City Council [2014] NSWIRComm 17 Hearing dates: 20 March 2014 Decision date: 07 April 2014 Jurisdiction: Industrial Relations Commission Before: Walton J, President; Stanton C; Newall C Decision: The Full Bench makes the following orders: (1) Leave to appeal is granted to the extent required to address the interpretation of cl 28 of the Award on appeal. Leave to appeal is otherwise refused. (2) The appeal is upheld to the extent that the interpretation of cl 28 is corrected, as we set out above. The appeal is otherwise dismissed. Catchwords: APPEAL - application for leave to appeal and appeal - asserted errors in award interpretation - asserted errors of fact - law and practice concerning leave to appeal - principles of award interpretation - principles of interpretation correctly stated - error in one aspect of interpretation of Award - leave to appeal granted in part - appeal upheld in part - no consequential relief ordered - appropriateness of provision of declaratory relief when no consequential orders are made - orders made. Legislation Cited: Industrial Relations Act 1996 s 187, s 188 Cases Cited: A v Commissioner for Children and Young People (2001) 107 IR 211 Austin v NF Importers Pty Limited [2005] NSWIRComm 353 Box Valley Pty Ltd v Price (2000) 97 IR 484 Certain Lloyd's Underwriters and Underwriters Subscribing to Contract No IHOOAAQS v Cross (2012) 293 ALR 412; [2012] HCA 56 Commissioner of Police v Dobbie (2006) 157 IR 44 Croft v Roads and Maritime Services [2012] NSWIRComm 102 Director of Public Employment (by her agent the Commissioner of NSW Fire Brigades) and New South Wales Fire Brigades Employees' Union [2008] NSWIRComm 158; (2008) 180 IR 170 Health and Research Employees' Association of NSW v Baptist Community Services (2002) 122 IR 178 Hosemans v Commissioner of Police (No 4) (2005) 150 IR 263 Kucks v CSR Limited (1996) 66 IR 182 at 184 Marmara v Toyota Motor Corporation Australia Ltd [2013] FCA 1351 Zoological Parks Board v AWU (2004) 135 IR 56 at [17] Category: Principal judgment Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (Appellant) Liverpool City Council (Respondent) Representation: B G Docking of counsel (Appellant) A T Britt of counsel (Respondent) New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (Appellant) Local Government and Shires Association of New South Wales (Respondent) File Number(s): IRC 918 of 2013