Beavan v Industrial Relations Secretary (No 3) [2016] NSWIRComm 1008

Industrial Relations Commission New South Wales Medium Neutral Citation: Beavan v Industrial Relations Secretary (No 3) [2016] NSWIRComm 1008 Hearing dates: 10 March 2016 Date of orders: 14 March 2016 Decision date: 14 March 2016 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Applications for leave to adduce fresh evidence on remitter refused Catchwords: PRACTICE AND PROCEDURE – Remitter – appeal against initial decision upheld on basis of error of law – no other basis for error disclosed on appeal – 'matter' remitted without direction – applicant and respondent sought to bring fresh evidence on appeal – power lies to grant leave to adduce fresh evidence – no evidence in support of either application – parties fully represented at first instance – application refused Legislation Cited: Industrial Relations Act 1996 s.163, 197B, 197B(2)(a) Civil Procedure Act 2005 s.56 Cases Cited: Beavan v Industrial Relations Secretary (No 1) [2016] NSWIC 1 Beavan v Industrial Relations Secretary (No 2) [2016] NSWIC 3 McCarthy v McIntyre [2000] FCA 1250 Toll Transport Pty Ltd & Anor v Transport Workers' Union of New South Wales [2010] NSWIRComm 58; Paula Lee v Energy Australia (No 4) [2011] NSWIRComm 120 Walker Corporation Pty Limited v Sydney harbour Foreshore Authority [2009] NSECA 178; (2009) 168 LGERA 1 Category: Procedural and other rulings Parties: Joanne Kelly Beavan (Applicant) Industrial Relations Secretary (Respondent) Representation: Counsel: Mr A Britt (Applicant) Ms K Edwards (Respondent)