Public Service Association and Professional Officers' Association Amalgamated Union of NSW (on behalf of Darren Rudd) v Corrective Services NSW [2014] NSWIRComm 1021

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of NSW (on behalf of Darren Rudd) v Corrective Services NSW [2014] NSWIRComm 1021 Hearing dates: 9 July 2014 Decision date: 25 July 2014 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Notice of motion dismissed Catchwords: WORKERS COMPENSATION - application pursuant to s.242 of the Workers Compensation Act - worker had received workplace injury damages - argument that receipt of such damages excluded Commission's jurisdiction - held, no bar - motion dismissed PRACTICE AND PROCEDURE - Strike out motion - jurisdictional argument on question of law - appropriate time to hear and determine jurisdictional question - held, appropriate to determine at an early stage where facts not in dispute. STATUTORY CONSTRUCTION - primacy of express statutory provisions Legislation Cited: Workers Compensation Act 1987 s.151A, 241, 242 Workplace Injury Management Act 1998 s.234 Cases Cited: Agar v Hyde (2000) 201 CLR 552 Australian Co-operative Foods Limited v SW & JD Reilly & Sons Pty Limited [2010] NSWIRComm 110; 198 IR 195 Baltic Shipping Company v Dillon (the "Mikhail Lermontov") HYPERLINK "http://www.austlii.edu.au/cgi-bin/LawCite?cit=%281991%29%2022%20NSWLR%201?stem=0&synonyms=0&query=title(Zreika%20)" \o "View LawCiteRecord"(1991) 22 NSWLR 1 Certain Lloyd's Underwriters and Underwriters Subscribing to Contract No IHOOAAQS v Cross (2012) 293 ALR 412 Chau v Visy Board Pty Ltd [2012] NSWIRComm 101 Darley Main Colliery Co v Mitchell (1886) 11 App Cas 127 (HL) Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division v Energy Australia (1999) 90 IR 311 Haines v Bendall (1991) 172 CLR 60 J L Nagle & Sons) v Tilburg (1993) 51 IR 8 Manser v Spry [1991] HCA 40; 124 ALR 539 Meredith Projects v Fletcher Constructions [2000] NSWSC 493 Zreika V QBE Workers Compensation (NSW) Limited and Lynch Warehousing Pty Limited trading as Lynch Flowers Pty Limited [2005] NSWSC 573 Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of NSW (on behalf of Darren Rudd) - applicant Corrective Services NSW - respondent Representation: M Cahill - respondent W G McNally Jones Staff - applicant I V Knight, Crown Solicitor - respondent File Number(s): IRC 954 of 2013