Yancoal Mining Services Pty Ltd v The Secretary NSW Department of Planning and Environment in the capacity as the NSW Resources Regulator (No 2) [2019] NSWIRComm 1079

Industrial Relations Commission New South Wales Medium Neutral Citation: Yancoal Mining Services Pty Ltd v The Secretary NSW Department of Planning and Environment in the capacity as the NSW Resources Regulator (No 2) [2019] NSWIRComm 1079 Hearing dates: 16 October 2018 Date of orders: 25 October 2019 Decision date: 25 October 2019 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC Decision: The applicant is to pay the respondents costs as agreed or assessed. Catchwords: COSTS – external review – application dismissed – frivolous – instituted without reasonable cause Legislation Cited: Industrial Relations Act 1996 (NSW) Work Health and Safety Act 2011 (NSW) Work Health and Safety (Mines and Petroleum Sites) Act 2013 (NSW) Cases Cited: Council of Kangan Batman Institute of Technology and Further Education v Australian Industrial Relations Commission (2006) 156 FCR 275 Cretney v Director General, New South Wales Department of Education and Training (No 4) [2010] NSWIRComm 17 Dr A v Health District (No 4) [2014] NSWIRComm 56 Gough & Gilmour Holdings Pty Ltd v Caterpillar of Australia Ltd (No 18) [2011] NSWIRComm 87 Heidt v Chrysler Australia Ltd (1976) 26 FLR 257 Kanan v Australian Postal & Telecommunications Union [1992] FCA 366; 43 IR 257 National Road Transport Association (NatRoad) – application to register as an employer organisation (No. 2) [2017] NSWIRComm 1072 Peden v Lake Macquarie Refrigeration Pty Ltd [2004] NSWIRComm 585; 134 IR 149 Re-Operational Ambulance Officers (State) Award (No 2) [2011] NSWIRComm 85 Transport Workers Union of New South Wales (on behalf of Darren Roger Bargwanna) and Robar Enterprises Pty Ltd (ACN 108 640 517) (No 2) [2014] NSWIRComm 9 Yancoal Mining Services Pty Ltd v The Secretary NSW Department of Planning and Environment in the capacity as the NSW Resources Regulator [2018] NSWIRComm 1044 Category: Costs Parties: Yancoal Mining Services Pty Ltd (Applicant) The Secretary NSW Department of Planning and Environment in the capacity as the NSW resources Regulator (Respondent) Representation: Counsel: Ms M Allars SC with Mr M Shume (Applicant) Ms K Richardson SC with Ms S Palaniappan (Respondent) Solicitors: Seyfarth Shaw (Applicant) McCullough Robertson (Respondent) File Number(s): 2018/00172342