Pace v Technical and Further Education Commission t/as TAFE Commission [2014] NSWIRComm 24

Industrial Relations Commission New South Wales Medium Neutral Citation: Pace v Technical and Further Education Commission t/as TAFE Commission [2014] NSWIRComm 24 Hearing dates: 15 April 2014 Decision date: 19 May 2014 Jurisdiction: Industrial Court of NSW Before: Boland AJ Decision: The Court makes the following orders: (1)The applicant's amended application is dismissed. (2)No order as to costs. Catchwords: DECLARATION - Application for declaratory relief - Applicant sought to have declared a right to the benefit of orders made by the Industrial Relations Commission of New South Wales in 2011 reinstating him in his employment with the Technical and Further Education Commission - Applicant found to have been unfairly dismissed - Orders made for reinstatement - Orders stayed pending appeal - Change in employer during period stay orders in place - Respondent discontinued appeal - Respondent contended Commission without jurisdiction - Jurisdiction found - Considerations relevant to exercise of discretion under s 154 of the Industrial Relations Act 1996 - Application refused Legislation Cited: Industrial Relations Act 1996 Public Sector Employment and Management Act 2002 Technical and Further Education Commission Act 1990 Technical and Further Education Commission Amendment (Staff Employment) Act 2011 Cases Cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564 Alf Pace v Managing Director, TAFE Commission [2011] NSWIRComm 1052 Commissioner of Police for New South Wales v Lawrance & Anor [2011] NSWCA 377; (2011) 217 IR 249 Ford v SAS Trustee Corporation [2000] NSWIRComm 92; (2000) 98 IR 444 Integrated Lighting and Ceilings Pty Ltd v Philips Electrical Pty Ltd (1969) 90 WN (Pt 1) (NSW) 693 McGrath v Government of New South Wales - TAFE Commission Division of the Government Service [2012] NSWIRComm 129 McGrath v Managing Director, TAFE. [2012] NSWIRComm 1006 O'Grady v Northern Queensland Co Ltd [1990] HCA 16; (1990) 169 CLR 356 PMT Partners Pty Ltd (In Liq) v Australian National Parks and Wildlife Service [1995] HCA 36; (1995) 184 CLR 301 Retail Traders Association v SDAEA (1990) 36 IR 38 Sankey v Whitlam [1978] HCA 43; (1978) 142 CLR 1 Tempo Services Ltd v Strezouski [2005] NSWIRComm 329; (2005) 146 IR 411 Texts Cited: P W Young, Declaratory Orders, (2nd ed, 1984, Butterworths) at 61 ff. Category: Principal judgment Parties: Alf Paul Pace (Applicant) Technical and Further Education Commission t/as TAFE Commission (Respondent) Representation: M J Moir of counsel for Applicant E Brus of counsel for Respondent Ian Collins Solicitors for Applicant Department of Education and Communities for Respondent File Number(s): IRC 910 of 2013