Secretary of the Treasury v Public Service Association and Professional Officers' Association Amalgamated Union of NSW (No 2) [2014] NSWIRComm 20

Industrial Relations Commission New South Wales Medium Neutral Citation: Secretary of the Treasury v Public Service Association and Professional Officers' Association Amalgamated Union of NSW (No 2) [2014] NSWIRComm 20 Hearing dates: 1 April 2014; Written submissions 11, 28 and 29 April 2014 Decision date: 30 April 2014 Jurisdiction: Industrial Relations Commission Before: Walton J, President; Staff J; Newall C Decision: The Full Bench makes the following orders: On the basis of the undertaking provided by the appellants to the Commission on 29 April 2014: (1)The stay presently in force is lifted pro tem so as to permit amendment of the appeal as set out in these orders; (2) Leave to amend the application for leave to appeal and appeal is granted in terms of par A. 2. of the Notice of Motion filed by the appellants on 11 March 2014; (3) The appeal is again stayed on terms that the undertaking provided by the appellants to the Commission is accepted as an undertaking to the Commission; (4) The appeal is stayed until the date of the determination of the proceedings initiated by the appellants in the New South Wales Court of Appeal. Catchwords: APPEAL - Notice of Motion - application to lift stay - application to amend appeal to add two new grounds - matters not previously raised during stay proceedings - principles on amendment of proceedings - purported jurisdictional issue warrants leave to - leave to amend granted. DELAY - overriding statutory obligation on Commission to act quickly - essence of jurisprudence of an industrial tribunal - Act as a whole to be read in the light of this purpose - prejudice - effect of evidentiary ground on delay and irremediable prejudice. UNDERTAKING - offered re prejudice - relevant to stay proceedings - undertaking reduces or eliminates prejudice. STAY - power to grant stay on terms - stay lifted to permit amendment of appeal - stay reimposed on terms including amended undertaking. Legislation Cited: Civil Procedure Act 2005, ss 57(1)(a), 58(1), 64(1), 64(2) Industrial Relations Act 1996, ss 162(2)(a), 187, 188, 190 Industrial Relations (Public Sector Conditions of Employment) Regulation 2011, reg 6(1)(e) Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 46; (2009) 239 CLR 175 Certain Lloyd's Underwriters and Underwriters Subscribing to Contract No IHOOAAQS v Cross (2012) 293 ALR 412; [2012] HCA 56 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 Re Crown Employees Wages Staff (Rates of Pay) Award 2011 (No 3) [2013] NSWIRComm 109 Secretary of the Treasury & ors v Public Service Association and Professional Officers' Association Amalgamated Union of NSW & ors [2014] NSWIRComm 2 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481 Warth v Lafsky [2014] NSWCA 94 Category: Interlocutory applications Parties: Secretary of the Treasury (First appellant) Director General, Ministry of Health (Second appellant) Landcom (Third appellant)