Margaritte Joanne Colefax v Secretary, Department of Education (No. 3) [2019] NSWIRComm 1000

Industrial Relations Commission New South Wales Medium Neutral Citation: Margaritte Joanne Colefax v Secretary, Department of Education (No. 3) [2019] NSWIRComm 1000 Hearing dates: 12 November 2018 Date of orders: 21 January 2019 Decision date: 21 January 2019 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC, Commissioner Stanton, Commissioner Sloan Decision: (1) Leave to appeal is refused.

(2) The respondent is to file and serve written submissions of no more than five pages in support of its application for costs by 4pm on a date to be fixed.

(3) The appellant is to file and serve any written submissions in reply of no more than five pages by 4pm on a date to be fixed.

(4) The Full Bench will decide the respondent's application for costs in chambers. Catchwords: APPEAL – leave to appeal – principles to apply – whether failure to provide reasons justifies leave – whether appeal raises substantial issues of principle or law, or issues having any wider application than to the parties themselves Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil Procedure Act 2005 (NSW) s 56 Disability Discrimination Act 1992 (Cth) Industrial Relations Act 1996 (NSW) Ch 2, Pt 6, ss 84, 188 Occupational Health and Safety Act 2000 (NSW) Teaching Service Act 1980 (NSW) ss 5A, 76 Work Health and Safety Act 2011 (NSW) ss 17, 18, 19 Workers Compensation Act 1987 (NSW) s 242 Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss 105, 350 Cases Cited: Bindaree Beef Pty Ltd v The Australasian Meat Industry Employees' Union Newcastle and Northern Branch on behalf of Riley [2012] NSWIRComm 74 Colefax v Secretary, Department of Education [2018] NSWIRComm 1033 Commonwealth Bank of Australia v Barker [2014] HCA 32, 253 CLR 169 Goldman Sachs JBWere Services Pty Limited v Nikolich [2007] FCAFC 120, 163 FCR 62 House v The King (1936) 55 CLR 499; [1936] HCA 40 Industrial Relations Secretary v Wattie [2017] NSWIRComm 1007 J Boag & Son Brewing Pty Limited v Alan John Button [2011] FWAFB 1166 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Roads and Traffic Authority of NSW v Dederer [2007] HCA 42 Stegbar v Transport Workers' Union (2008) 173 IR 350; [2008] NSWIRComm 104 Transfield Services (Australia) Pty Ltd v Anton Wieland [2014] WASCA 41 Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124 Category: Principal judgment Parties: Margaritte Joanne Colefax (Appellant)