Minutes 11 June 2003
at 5.15 pm Level 17 Conference Room
Attendees: See below
Branson J, as convenor of the NSW User
Group Liaison Committee and of the Industrial Panel welcomed
participants to the meeting and outlined the background
to the calling of the meeting and the connection of the
Industrial User Group with the NSW Liaison Committee.
She said that these meetings provided participants with
an opportunity of meeting informally in circumstances
where there could be a free exchange of views, to discuss
problems, issues, areas of discontent or things which
were working well including broad issues which go beyond
the industrial area.
There was discussion of the recent
amendments to the Workplace Relations Act granting to
the Australian Electoral Commission power to conduct inquiries
in relation to Union elections and the implications which
this might have for the workload of the Court.
There was discussion on the possible
workload for the Court arising out of the commencement
of the Interim Building Task Force and the nature of that
work.
There was discussion of recent actions
in the NSW Industrial Commission in its unfair contracts
jurisdiction under Section 106 of the Industrial Relations
Act 1996 (NSW) involving Commonwealth agencies and the
constitutional argument which the Commonwealth has taken
in regard to such cases to date. There was also a discussion
of the procedural approach taken by the Commission in
the conduct of unfair contract cases under Section 106
and, in particular, the mediation approach adopted by
the Commission.
There was discussion about the pros
and cons of evidence in chief being provided by affidavit
as a matter of course and providing an early substantive
hearing rather than dealing with interlocutory issues
separately.
The meeting closed at 5.50 pm.
Attendees:
Jim Heard,
Australian Government Solicitor
Paul Moorhouse,
Frederick Jordan Chambers
Dale Watson,
Australian Government Solicitor
John de Meyrick
Edmund Barton Chambers
Justices Wilcox, Whitlam, Moore, Branson,
Gyles and Conti
John Mathieson, Jennifer Hedge, Tony Tesoriero
