Shop, Distributive & Allied Employees’ Association v Secretary, NSW Treasury [2018] NSWSC 1760

Supreme Court New South Wales

Medium Neutral Citation: Shop, Distributive & Allied Employees' Association v Secretary, NSW Treasury [2018] NSWSC 1760 Hearing dates: 14 November 2018 Decision date: 16 November 2018 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph [54]. Catchwords: APPEALS – by leave on question of law – leave granted as questions of statutory interpretation arise – benefits of authoritative decision

STATUTORY INTERPRETATION – exemption order made under Shops and Industries Act 1962 (NSW) – construction of transitional provisions in Shop Trading Amendment Act 2009 (NSW)

STATUTORY INTERPRETATION – right conferred on representative of industrial organisation to apply for review to Civil and Administrative Tribunal – plain meaning of words exclude right of industrial organisation itself to apply Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83 Interpretation Act 1987 (NSW), ss 5, 30 Retail Trading Act 2008 (NSW), ss 10, 12, Sch 2, Pt 2, cl 2, Pt 3, cl 8 Shop Trading Act 2008 (NSW), Pt 3, Div 2, ss 4, 10, 11, 12, 13, 24, Sch 2, Pt 2, cl 2 Shop Trading Amendment Act 2009 (NSW), ss 10, 11, 11A, 11B, 11C, 12, Sch 1, cll 10, 11 Shop Trading Amendment Act 2010 (NSW), s 12 Shop Trading Amendment Bill 2010 (NSW) Shops and Industries Act 1962 (NSW), Pt 4, Div 3, ss 78A, 78AA, 84, 85, 89B Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Shop, Distributive & Allied Employees' Association and Bernie Smith v Secretary, NSW Treasury [2018] NSWCATAP 84 Category: Principal judgment Parties: Shop, Distributive & Allied Employees' Association (First Plaintiff) Bernie Smith (Second Plaintiff) Secretary, NSW Treasury (Defendant) Representation: Counsel: A G Rogers (First and Second Plaintiffs) K Richardson SC/P Strickland (Defendant)