Finance Sector Union of Australia (NSW) v Director General, Department of Commerce (NSW) & anor [2008] NSWADT 338

CITATION: Finance Sector Union of Australia (NSW) v Director General, Department of Commerce (NSW) & anor [2008] NSWADT 338

DIVISION: General Division

APPLICANT Finance Sector Union of Australia (NSW)

PARTIES: 1ST RESPONDENT Director General, Department of Commerce (NSW)

2ND RESPONDENT Commonwealth Bank of Australia

FILE NUMBER: 073368

HEARING DATES: 19 - 20 November 2008

SUBMISSIONS CLOSED: 25 November 2008

DATE OF DECISION: 18 December 2008

BEFORE: Handley R - Deputy President

CATCHWORDS: Shops & Industries Act 1962 – approval for weekend trading - whether approval should be conditional

Administrative Decisions Tribunal Act 1997 Shops & Industries Act 1962 Shop Trading Act 2008 LEGISLATION CITED : Bank and Bank Holidays Act 1912 Interpretation Act 1987 Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 Workplace Relations Act 1996 (Cth)

CASES CITED: Esber v Commonwealth of Australia (1992) 174 CLR 430

APPLICANT A Moses SC, barrister T Shariff, barrister

REPRESENTATION: 1ST RESPONDENT S Free, barrister

2ND RESPONDENT E Raper, barrister

ORDERS: The decisions of the Director General of the Department of Commerce dated 31 October 2007 are varied by deleting the condition to which the approvals are subject and, in both cases, substituting the following condition: Except for staff who freely enter into an agreement specifically providing for work at weekends, work performed at weekends by staff engaged or employed by the Commonwealth Bank of Australia shall be undertaken on a voluntary basis and in accordance with the Bank's application for an approval dated 12 September 2007 and its subsequent letter dated 26 October 2007.