Australian Liquor Hospitality and Miscellaneous Workers' Union, Liquor and Hospitality Division, New South Wales Branch and Laurieton United Servicemen's Club and Another [2001] NSWIRComm 1069 (21 November 2001)

Last Updated: 18 December 2001

INDUSTRIAL RELATIONS COMMISSION

OF NEW SOUTH WALES

FULL BENCH

WRIGHT J, PRESIDENT

WALTON J, VICE-PRESIDENT

REDMAN C

WEDNESDAY 21 NOVEMBER 2001

IRC2001/3279 - AUSTRALIAN LIQUOR HOSPITALITY AND MISCELLANEOUS WORKERS' UNION, LIQUOR AND HOSPITALITY DIVISION, NEW SOUTH WALES BRANCH AND LAURIETON UNITED SERVICEMEN'S CLUB AND ANOTHER

Application for leave to appeal and appeal against a decision of Commissioner Cambridge given on 24.4.2001 in matter number IRC97/4606.

DECISION

PRESIDENT: 1. On 24 April 2001 Cambridge C handed down a

decision in which he granted an application by Laurieton United Servicemen's Club (the first respondent) that the Australian Liquor Hospitality and Miscellaneous Workers' Union, Liquor and Hospitality Division, New South Wales Branch (the appellant) pay the costs of proceedings in a section 84 application in respect of Mr L A Ogston (the second respondent).

2. The orders made by Cambridge C were as follows:

... pursuant to section 181 of the Act, and in accordance with part 27 of the Rules, the Commission makes the following orders:

1. The Liquor Union is hereby ordered to pay the club's costs in respect to all proceedings occurring in this matter on and after 27 August 1999. The costs are to be paid by the Liquor Union to the club within 28 days from the date of this decision.

2. In the absence of agreement as to quantum, costs shall be an amount to be assessed in accordance with Rules 204 and 205."

3. The appellant filed its application for leave to appeal and appeal on 15 May 2001 and negotiations subsequently took place between it and the first respondent. No orders are sought against the other respondent.

4. The Commission has now been advised that the relevant parties have resolved their differences and thus the appeal, and that they desire that consent orders be made finalising the appeal. However, the parties have also advised:

"The one complication is that the consent orders are ineffective unless leave to appeal is granted. Counsel has advised that leave requires an order by the Commission."

5. The Full Bench has considered the joint application of the parties and their consent position and has decided to grant leave to appeal and make orders substantially in accordance with the parties' agreement. Adjustments have been made to ensure the effectiveness of the agreement and that the orders are in the usual form. It is stressed, however, that in making the orders sought by the parties, the Full Bench has acted on the agreement of the parties and has not formed, nor does it express, any opinion as to the correctness of the decision of Cambridge C.

6. The Full Bench makes the following orders by consent:

1. Leave to appeal granted.

2. Appeal upheld.

3. The decision and orders of Cambridge C of 24 April

2001 in matter number IRC4606 of 1997 are set aside.

4. There is no order as to the costs of the appeal.

oOo