Jessica Xiao v Industrial Relations Secretary (Department of Justice) [2018] NSWIRComm 1054

Industrial Relations Commission New South Wales Medium Neutral Citation: Jessica Xiao v Industrial Relations Secretary (Department of Justice) [2018] NSWIRComm 1054 Hearing dates: 11 September 2018 Date of orders: 11 September 2018 Decision date: 11 September 2018 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC; Constant C; Sloan C Decision: Leave to appeal is refused Catchwords: APPEAL – application for leave to appeal – whether exercise of discretion disclosed error – no substantial issue of principle or law having wider implications or widespread practical application – no demonstrable error disclosed – grounds in support of leave to appeal not made out – leave to appeal refused Legislation Cited: Government Sector Employment Act 2013 (NSW) Industrial Relations Act 1996 (NSW) Cases Cited: Berowra Holdings Pty Ltd v Gordon [2006] HCA 32; (2006) 225 CLR 364 Industrial Relations Secretary v Wattie [2017] NSWIRComm 1007 McClymont v Thomson Financial Pty Ltd [2002] NSWIRComm 283 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Re Macks; Ex parte Saint [2000] HCA 62; (2000) 204 CLR 158 Stegbar v Transport Workers' Union (2008) 173 IR 350 at 359; [2008] NSWIRComm 104 Stephen York v NSW Department of Education and Communities [2015] NSWIRComm 37 Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124 Category: Principal judgment Parties: Jessica Xiao (Appellant)