Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury

The Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (the Union) sought judicial review of decisions made by the Full Bench of the Industrial Relations Commission of New South Wales. The dispute concerned the Union's challenge to the threatened dismissal of two employees, arguing that the dismissal was harsh, unreasonable, or unjust. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the Full Bench of the Industrial Relations Commission had jurisdiction to hear the appeal, specifically whether its appellate jurisdiction under s 191 of the *Industrial Relations Act 1996* (NSW) was engaged by a demonstration of error to the reviewing court or by its own satisfaction that a relevant error had occurred. Further issues included whether the Full Bench erred in its redetermination of the matter by failing to consider whether the proposed dismissal was harsh, unreasonable, or unjust after accepting misconduct, and whether the inadequacy of the reasons provided by the Full Bench constituted jurisdictional error, given its obligation to provide reasons when not sitting as a court.

The Court of Appeal found that the Full Bench had erred in its approach to the jurisdictional question under s 191 of the *Industrial Relations Act 1996* (NSW). It held that the precondition for the existence of the appellate jurisdiction was the Full Bench's satisfaction that a relevant error had occurred, not merely that such an error could be demonstrated to the reviewing court. Furthermore, the Court determined that the Full Bench had failed to properly exercise its jurisdiction under s 89(7) of the Act by not adequately considering the harshness, unreasonableness, or injustice of the proposed dismissal after finding misconduct. The Court also noted that the inadequacy of the reasons provided by the Full Bench amounted to jurisdictional error.

Consequently, the Court of Appeal set aside the decisions of the Full Bench of the Industrial Relations Commission and remitted the appeal and cross-appeal to a differently constituted Full Bench for determination according to law. The respondent was ordered to pay the applicants' costs in the Court of Appeal.