Woelfl v Secretary of the Treasury [2015] NSWIRComm 1010

Industrial Relations Commission New South Wales Medium Neutral Citation: Woelfl v Secretary of the Treasury [2015] NSWIRComm 1010 Hearing dates: 18 May 2015 Decision date: 02 June 2015 Jurisdiction: Industrial Court of NSW Before: Newall C Decision: Orders sought in Notice of Motion granted. Application pursuant to s.210 dismissed. Catchwords: APPLICATION FOR RELIEF FROM VICTIMISATION – motion for summary dismissal - claimed Anshun estoppel – application of Anshun estoppel.

SUMMARY DISMISSAL OF PROCEEDINGS – summary dismissal appropriate only in the clearest of cases – estoppel forms clear basis for summary disposition of proceedings.

APPLICATION MADE OUT OF TIME – where delay is de minimis – approach to discretion. Legislation Cited: Industrial Relations Act 1996 s.210(1), 210(3), 210(4), s.213(3), s.213(4). Public Sector Employment Management Act 2002 Government Sector Employment Rules 2014 Cases Cited: Agar v Hyde [2000] HCA 41; 201 CLR 552 Notaras v Knight [2008] NSWIRComm 219 Pearcey and Others and Department of Attorney General and Justice - Corrective Services [2012] NSWIRComm 132 Port of Melbourne Authority v Anshun [1981] HCA 45; (1981) 147 CLR 589 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 (No 5) [2014] NSWIRComm 51 Veney v New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union [2008] NSWIRComm 228 Category: Principal judgment Parties: Richard Woelfl (Applicant) Secretary of the Treasury (Department of Justice – Corrective Services NSW) (Respondent) Representation: Ms P Lowson (counsel) (Applicant) Mr J V Murphy (counsel) (Respondent) Solicitors: W G McNally Jones Staff (Applicant) I V Knight, Crown Solicitor (Respondent) File Number(s): IRC 15 of 2015