Case S127/2012

The Public Service Association and Professional Officers' Association Amalgamated of NSW v. Director of Public Employment and Ors

Case No.

S127/2012

Case Information

Lower Court Judgment

31/10/2011 Industrial Court of New South Wales (Full Court) (Walton J, Kavanagh J, Backman J)

[2011] NSWIRComm 143

Catchwords

Constitutional law (Cth) — Constitution, Ch III — Vesting of federal jurisdiction in State courts — Institutional integrity of State Courts — Power of State Parliament to alter defining characteristic of Court of a State — Relationship between the NSW Industrial Commission and the Industrial Court — Presidential members of the NSW Industrial Commission are the only persons who may be appointed as members of the Industrial Court — Certain functions of the NSW Industrial Commission can only be exercised by the Commission constituted as Industrial Court — Section 146C of the Industrial Relations Act 1996 (NSW), inserted by the Industrial Relations Amendment (Public Sector Conditions of Employment) Act 2011 (NSW) ("Act"), effectively requires the NSW Industrial Commission, not Industrial Court, to give effect to executive policies — Whether the Act is invalid by reason that it undermines the institutional integrity of the NSW Industrial Relations Commission when constituted as Industrial Court — Whether imposition of a requirement upon judges of a State court to give effect to executive policy when exercising non-judicial functions as part of an arbitral tribunal undermines institutional integrity or appearance of independence and impartially of that court — Whether requirement imposed upon judicial members to give effect to executive policy when sitting as the NSW Industrial Commission undermines institutional integrity of the Industrial Court.

Short Particulars

Documents

11/05/2012 Hearing (SLA, Sydney)

18/05/2012 Notice of appeal

18/05/2012 Notice of constitutional matter (Appellant)

04/06/2012 Written submissions (Appellant)

04/06/2012 Chronology (Appellant)

29/06/2012 Written submissions (Respondents)

06/07/2012 Written submissions (Attorney-General of the State of Queensland intervening)

06/07/2012 Written submissions (Attorney-General of the State of Victoria intervening)

06/07/2012 Written submissions (Attorney-General for the State of Western Australia intevening)

06/07/2012 Written submissions (Attorney-General for the State of South Australia intevening)

13/07/2012 Reply

05/09/2012 Hearing (Full Court, Canberra)

12/12/2012 Judgment  (Judgment summary)