Emma Williams v Health Services Union NSW ABN 85037751682 and Anor [2019] NSWIRComm 1032

Industrial Relations Commission New South Wales Medium Neutral Citation: Emma Williams v Health Services Union NSW ABN 85037751682 and Anor [2019] NSWIRComm 1032 Hearing dates: 10 May 2019 Date of orders: 10 May 2019 Decision date: 10 May 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: 1. By consent, the name of the first respondent to these proceedings is amended to "Health Services Union NSW ABN 85037751682". 2. The proceedings are dismissed. Catchwords: WORK HEALTH AND SAFETY – application for external review – whether applicant an "eligible person" entitled to make application – whether applicant a person issued with an improvement notice – whether applicant a worker whose interests are affected by the decision – whether applicant a health and safety representative who represents a worker whose interests are affected by the decision – applicant not an eligible person Legislation Cited: Work Health and Safety Act 2011 (NSW) ss 51, 68, 69, 77, 191, 192, 223, 224, 229 Work Health and Safety Regulation 2017 (NSW) reg 16 Cases Cited: Allan v Transurban City Link Limited (2001) 208 CLR 167; [2001] HCA 58 Argos Pty Limited and Ors v Corbell and Ors (2014) 154 CLR 394; [2014] HCA 50 Certain Lloyds Underwriters Subscribing to Contract Number IH00AAQS v Cross [2012] HCA 56 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Independent Commission Against Corruption v Cunneen (2015) 256 CLR 1; [2015] HCA 14 Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union v SafeWork NSW (2018) NSWIRComm 1053 Re McHattan v Collector of Customs (1978) 18 ALR 154 Re Metserv - FIA/ASE Wyalla agreement (1992) 42 IR 463 Category: Procedural and other rulings Parties: Emma Williams (Applicant) Health Services Union NSW (First Respondent) SafeWork NSW (Second Respondent) Representation: Emma Williams (Self-Represented) P Boncardo of Counsel (First Respondent) M Keating (Second Respondent) File Number(s): 2019/54835