Secretary of the Treasury (Department of Justice - Corrective Services NSW) v Public Service Association and Professional Officers' Association Amalgamated Union of NSW on behalf of Richard Woelfl [2014] NSWIRComm 47

Industrial Relations Commission New South Wales Medium Neutral Citation: Secretary of the Treasury (Department of Justice - Corrective Services NSW) v Public Service Association and Professional Officers' Association Amalgamated Union of NSW on behalf of Richard Woelfl [2014] NSWIRComm 47 Hearing dates: 11 June 2014, 28 August 2014 Decision date: 03 September 2014 Jurisdiction: Industrial Relations Commission Before: Boland AJ, Tabbaa C, Newall C Decision: The Full Bench makes the following orders: (1) The remitter ordered by the Court of Appeal in Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112 will involve a reconsideration of all of the issues raised in the appeal and cross-appeal, subject to whether the PSA is to be permitted to rely on grounds 1 and 2 of the cross-appeal. (2) The parties will file sufficient copies of all of the material that was before the original Full Bench at least three days prior to the hearing of the remitter. (3) In the event the PSA wishes to seek leave to have the Full Bench receive further evidence pursuant to s 191(2) of the Industrial Relations Act 1996, the PSA shall file a motion to that effect with supporting affidavit. If such an application is made it will be determined by the Full Bench at the hearing of the remitter. (4) Liberty to apply. Catchwords: APPEAL - Appeal and cross-appeal remitted to Full Bench of the Industrial Relations Commission by Court of Appeal - Interlocutory issue as to scope of remitter - Whether all issues subject of original appeal and cross-appeal to be reconsidered by Full Bench or only the issues relating to the error found by the Court of Appeal - Construing court orders - Whether Court of Appeal's orders ambiguous - Whether orders inconsistent with Court of Appeal's reasons for judgment Legislation Cited: Administrative Appeals Tribunal Act 1975 Industrial Relations Act 1996 Cases Cited: Allchin v Commissioner of Police [2009] NSWIRComm 113 Athens v Randwick City Council [2005] NSWCA 317; (2005) 64 NSWLR 58 Australian Energy Ltd v Lennard Oil NL [No 2] [1988] 2 Qd R 230 AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81; (2010) 78 NSWLR 302 Department of Attorney General and Justice - Corrective Services and Richard Woelfl and others [2013] NSWIRComm 73 Flentjar v Repatriation Commission [1997] FCA 1200; (1997) 26 AAR 93 Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 239 CLR 531 Leichhardt Council v Roads and Traffic Authority of New South Wales (No 3) [2009] NSWLEC 3 Pearcey and Others and Department of Attorney General and Justice - Corrective Services [2012] NSWIRComm 132 Peacock v Repatriation Commission [2004] FCA 1449; (2004) 40 AAR 143 Peacock v Repatriation Commission [2007] FCAFC 156; (2007) 161 FCR 256 Polyaire Pty Ltd v K-Aire Pty Ltd [No 4] [2007] SASC 36 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112 Re Sharpe [1992] FCA 616 Repatriation Commission v Lionel Nation [1995] FCA 1277; (1995) 57 FCR 25 Tempo Services Ltd v Strezouski [2005] NSWIRComm 329; (2005) 146 IR 411 Yates Property Corp Pty Ltd v Boland (1998) 89 FCR 78 Texts Cited: Tarrant, J., Construing undertakings and court orders (2008) 82 ALJ 82 Category: Interlocutory applications Parties: Department of Justice - Corrective Services (Appellant in Matter No IRC 1226 of 2012; Respondent in Matter No IRC 1244 of 2012) Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Respondent in Matter No IRC 1226 of 2012; Appellant in Matter No 1244 of 2012) Representation: J Murphy of counsel (Appellant in Matter No IRC 1226 of 2012; Respondent in Matter No IRC 1244 of 2012) P Lowson of counsel (Respondent in Matter No IRC 1226 of 2012; Appellant in Matter No 1244 of 2012) Crown Solicitor's Office (Appellant in Matter No IRC 1226 of 2012; Respondent in Matter No IRC 1244 of 2012) W G McNally Jones Staff Solicitors (Respondent in Matter No IRC 1226 of 2012; Appellant in Matter No 1244 of 2012) File Number(s): IRC 1226 and 1244 of 2012 Decision under appeal Citation: [2012] NSWIRComm 132 Date of Decision: 2012-11-28 00:00:00 Before: Harrison DP File Number(s): IRC 506 of 2012