The Shop, Distributive and Allied Employees' Association of Western Australia v Samuel Gance (ABN 50 577 312 446) T/A Chemist Warehouse Perth

The Shop, Distributive and Allied Employees' Association of Western Australia sought an appeal against a decision of the Full Bench of the Industrial Relations Commission. The Full Bench had issued a declaration that the association was not entitled to be paid for time spent on protected industrial action. The association sought a stay of the declaration pending the outcome of the appeal. The court was required to determine whether the association was entitled to a stay of the declaration and whether the court had the jurisdiction to grant such a stay.

The court considered the powers of the court to grant a stay of proceedings under the relevant legislation. The court noted that the power to grant a stay was discretionary and that the applicant must demonstrate special or exceptional circumstances to obtain a stay. The court also noted that there was a distinction between staying an order and staying proceedings under the order. The court found that the power to grant a stay was limited and that it should be exercised with caution. The court also considered the nature of the declaration and found that it was unlikely that a declaration could be stayed in the absence of a statutory power to do so.

The court found that the association had not demonstrated special or exceptional circumstances to warrant a stay of the declaration. The court also found that the power to grant a stay did not extend to declaratory orders. The court dismissed the application for a stay of the declaration.

The court dismissed the application for a stay of the declaration and made no order as to costs.