Industrial Relations Secretary v Wattie [2017] NSWIRComm 1007

Industrial Relations Commission New South Wales Medium Neutral Citation: Industrial Relations Secretary v Wattie [2017] NSWIRComm 1007 Hearing dates: 28 February 2017 Date of orders: 28 February 2017 Decision date: 28 February 2017 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM, Acting Chief Commissioner; Stanton C; Newall C Decision: Leave to appeal is refused. Catchwords: LEAVE TO APPEAL – tests on leave – weight to be given to first-instance decision-making – no error disclosed – conclusions open to Commissioner at first instance – no matters of overarching principle -- no utility in grant of leave – leave to appeal refused Legislation Cited: Industrial Relations Act 1996 (NSW) ss 84, 189 Cases Cited: Antonakopoulos v State Bank of NSW (1999) 91 IR 385 Bankstown City Council v Paris (1999) 100 IR 363 Department of Health v Perihan Kaplan [2010] NSWIRComm 65 Corrective Services NSW v Danwer [2013] NSWIRComm 61 Drake Personnel Ltd v Workcover Authority of NSW (1999) 90 IR 432 Fire Brigade Employees' Union of NSW (o/b Challinor) v Fire and Rescue NSW [2016] NSWIRComm 1050 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Category: Principal judgment Parties: Industrial Relations Secretary - Appellant Jason Wattie – Respondent Representation: Counsel: S B Benson (Appellant) M Gibian (Respondent) File Number(s): 2016/322149