NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Benjamin Kreger v SafeWork NSW [2019] NSWIRComm 1002 Hearing dates: 21 November 2018 Date of orders: 18 January 2019 Decision date: 18 January 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: (1) The jurisdictional challenge to these proceedings brought by SafeWork NSW is dismissed.
(2) The matter will be listed for conciliation on a date to be fixed. Catchwords: PROCEDURE – civil – application for review of provisional improvement notice – whether application made out of time – whether order made by Commission in other proceedings later found to be a nullity can be relied on to permit filing of application Legislation Cited: Industrial Relations Act 1996 (NSW) ss 146, 162, 163 Work Health and Safety Act 2011 (NSW) Div 3, Pt 5, ss 90(5), 100(1), 102, 223, 227, 229 Cases Cited: Certain Lloyd's Underwriters and Underwriters Subscribing to Contract No. IHOOAAQS v Cross (2012) 293 ALR 412 KBRV Resort Operations Pty Ltd t/as Kingfisher Bay Resort & Village v Chilcott [2001] NSWCA 116; (2001) 51 NSWLR 516 Deveigne & Anor v Askar [2007] NSWCA 45 The Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union v SafeWork NSW [2018] NSWIRComm 1053 Category: Procedural and other rulings Parties: Benjamin Kreger (Applicant)
SafeWork NSW (Respondent) Representation: Counsel:
P Boncardo (Applicant)
M Carpenter (Respondent)
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