Public Service Association of NSW (o/b Morawsky) v Department of Justice [2017] NSWIRComm 1059

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association of NSW (o/b Morawsky) v Department of Justice [2017] NSWIRComm 1059 Hearing dates: 9 August 2017 Date of orders: 09 August 2017 Decision date: 09 August 2017 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Application for enforcement dismissed Catchwords: APPLICATION FOR ENFORCEMENT OF S.210 – s.213 provides comprehensive code of powers – order sought not within power – matter for consideration in assessing out of time application APPLICATION OUT OF TIME - 32 days out of time – effect of employer undertaking not to press point – decision rests with Commission, not parties – statutory tests must be addressed – case for enforcement unwinnable – applicant loses nothing by refusal to grant leave – Commission's obligation to deal with matters quickly, justly and cheaply – leave to admit matter out of time refused – application dismissed Legislation Cited: Civil Procedure Act 2005 s.56 Industrial Relations Act 1996 ss.210, 213(2)(e), 213(3), 214 Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR at 541 Griffith Ex-Services Club v Federated Liquor and Allied Industries Employees Union (1993) 51 IR 186 Prehm v Department of Environment and Conservation [2006] NSWIRComm 222 Tolley v Secretary of New South Wales Ministry of Health [2016] NSWIRComm 1043 Category: Principal judgment Parties: Public Service Association of NSW (o/b Mr Tony Morawsky) – applicant Department of Justice - respondent Representation: Mr D Allen (PSA) - applicant Ms E Atkinson - respondent File Number(s): 2017/00215041