Rail, Tram and Bus Union of New South Wales & ors v Secretary for Transport

[2017] NSWIRComm 1032

Industrial Relations Commission of NSW

Built by Barristers,
For Australian Law.

1. Award Variation
2. › Commission’s powers
1. No Extra Claims Clauses
2. › no extra claims clauses not deprive Commission of jurisdiction
3. › powerful influence on discretion to vary an award - long-standing jurisprudence of Commission that such clauses stand against discretionary grant of variations constituting further claims
4. › not in public interest to grant claims otherwise prevented by no extra claims clauses
1. Jursiprudence
2. › inappropriate to express obiter views about matters not necessary for determination of matter
3. › Commission not empowered to give advisory opinions

Citation[2017] NSWIRComm 1032

CourtNSWIRComm

JurisdictionNew South Wales

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