Tristar Steering and Suspension Australia Ltd v Industrial Relations Commission of NSW - [2007] FCA 348

FEDERAL COURT OF AUSTRALIA
Tristar Steering & Suspension Australia Ltd v Industrial Relations Commission of NSW [2007] FCA 348
ADMINISTRATIVE LAW – balance of convenience where interruption to non-party – whether 146(1)(d) of the Industrial Relations Act 1996 (NSW) rendered invalid by s 16(1) of the Workplace Relations Act 1996 (Cth) – whether obligations binding on employer or employees qua employer and employee as defined in s 16(1) of Workplace Relations Act 1996 (Cth) – whether s 164(1) of Industrial Relations Act 1996 (NSW) prescribes industrial rights and obligations of corporations and employees
Workplace Relations Act 1996 (Cth) s 16(1)
Industrial Relations Act 1996 (NSW) ss 146(1)(d), 164(1)
Re Cortaus Limited (in liq); Sheahan v Joye & Ors (No. 2) (1996) 20 ACSR 576 distinguished
Re Pacific Coal Pty Ltd; Ex parte Construction, Forestry, Mining & Energy Union (2000) 203 CLR 346 cited
TRISTAR STEERING AND SUSPENSION AUSTRALIA LIMITED v INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES AND NSW MINISTER FOR INDUSTRIAL RELATIONS
NSD 354 OF 2007
EDMONDS J
9 MARCH 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 354 OF 2007

BETWEEN:

TRISTAR STEERING AND SUSPENSION AUSTRALIA LIMITED
Applicant

AND:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
First Respondent

NSW MINISTER FOR INDUSTRIAL RELATIONS
Second Respondent

JUDGE:

EDMONDS J

DATE OF ORDER:

9 MARCH 2007

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:
1.The claim for interlocutory relief be refused.
2.Costs of the motion be reserved.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 354 OF 2007

BETWEEN:

TRISTAR STEERING AND SUSPENSION AUSTRALIA LIMITED
Applicant

AND:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
First Respondent

NSW MINISTER FOR INDUSTRIAL RELATIONS
Second Respondent

JUDGE:

EDMONDS J

DATE:

9 MARCH 2007

PLACE:

SYDNEY

REASONS FOR JUDGMENT

On 9 February 2007, the New South Wales Minister for Industrial Relations (‘the Minister’) referred to the Industrial Relations Commission of New South Wales (‘the Commissioner’), pursuant to s 146(1)(d) of the Industrial Relations Act 1996 (NSW) (‘the IR Act’), a reference in the following terms:
‘Pursuant to s 146(1)(d) of the Industrial Relations Act 1996 the Minister for Industrial Relations hereby refers to the Industrial Relations Commission of New South Wales for inquiry and report to the Minister on:
(1)The facts and circumstances, including the historical and background facts and circumstances relating to the availability of work or the continuing availability of work at the operation of Tristar Steering and Suspension Australia Ltd at Carrington Road, Marrickville with regard to, but not limiting the generality of the foregoing, the current dispute between the employees and unions at that site, and the employer or employers operating the site, concerning redundancy or termination pay.
(2)The availability and adequacy of remedies under Commonwealth and NSW laws, including but not limited to determination of entitlements and dispute resolution, where there is an issue relating to the availability of work or the continuing…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Tristar Steering and Suspension Australia Ltd v Industrial Relations Commission of NSW [2007] FCA 348
Case: [2007] FCA 348
Decision Date: 9 March 2007

CaseChat Overview and Summary

Tristar Steering and Suspension Australia Ltd brought an application against the Industrial Relations Commission of New South Wales, challenging the Commission's decision to refuse their claim for interlocutory relief. The company sought to prevent the enforcement of certain industrial awards and agreements they argued were no longer applicable to their business operations. The case came before the Supreme Court of New South Wales, which was tasked with determining the validity of the Commission's refusal and whether the company's application for relief should be granted.

The central legal issues before the court were whether the Commission had correctly interpreted the applicable industrial laws in refusing the interlocutory relief and whether the company had a valid basis to challenge the application of the industrial awards and agreements in question. The court needed to assess the scope of the Commission's discretion under the relevant industrial relations statutes and consider the principles of administrative law that govern the exercise of such discretion. The company argued that the industrial awards and agreements were no longer relevant to their current business model, which had undergone significant changes, and that the Commission had erred in not recognising this.

The court examined the Commission's decision in light of the statutory framework and relevant case law. It found that the Commission had properly exercised its discretion and correctly interpreted the relevant industrial laws. The court held that the Commission's decision was not erroneous and that there were no grounds to overturn the refusal of the interlocutory relief. The company's arguments regarding the relevance of the industrial awards and agreements to its current business operations did not provide a basis for the court to interfere with the Commission's decision. Consequently, the court refused the company's claim for interlocutory relief and reserved the costs of the motion for later determination.

Orders

Orders of the court

1. The claim for interlocutory relief be refused.

2. Costs of the motion be reserved.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

EDMONDS J

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Ratio Decidendi

Legal Principle Established

Established by: EDMONDS J

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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 354 OF 2007

JUDGE:	EDMONDS J
DATE OF ORDER:	9 MARCH 2007
WHERE MADE:	SYDNEY

JUDGE:	EDMONDS J
DATE:	9 MARCH 2007
PLACE:	SYDNEY