New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Kempsey Shire Council (No 3) [2016] NSWIRComm 7

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Kempsey Shire Council (No 3) [2016] NSWIRComm 7 Hearing dates: 14 December 2015 and 5, 8 and 12 February, 7 March, 19 April and 6 May 2016; and, 20 May and 3 and 8 June 2016 (written submissions) Date of orders: 01 July 2016 Decision date: 01 July 2016 Jurisdiction: Industrial Relations Commission Before: Walton J, President; Stanton C; Newall C Decision: The Commission will not issue a decision in relation to the arbitral proceedings Catchwords: INDUSTRIAL DISPUTE – arbitral proceedings – evidence taken and decision reserved – whole of dispute settled while decision reserved – inappropriate to issue a decision in relation to proceedings which have wholly resolved – no decision on arbitral proceedings will issue Legislation Cited: Civil Procedure Act 2005 Industrial Relations Act 1996 Cases Cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564 Australian Services Union, New South Wales Branch v Sydney Water Corporation [2001] NSWIRComm 100 Broken Hill Chamber of Commerce and CFMEU (NSW Branch) (No 3) [2002] NSWIRComm 303 New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Kempsey Shire Council [2015] NSWIRComm 26; (2015) 253 IR 154 Newcastle City Council and Bevan [2001] NSWIRComm 338; (2001) 120 IR 121 Category: Principal judgment Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (Notifier) Kempsey Shire Council (Respondent) Representation: Counsel: J Nolan (Notifier) A Britt (Respondent)