Hansen Yuncken Pty Ltd v Andreas Costopoulos [2004] NSWIRComm 91

Industrial Relations Commission of New South Wales in Court Session

CITATION : Hansen Yuncken Pty Ltd v Andreas Costopoulos [2004] NSWIRComm 91 APPELLANT Hansen Yuncken Pty Ltd PARTIES : RESPONDENT Andreas Costopoulos FILE NUMBER: 6778 of 2003 CORAM: Staff J Section 106 Claim - Federal award and certified enterprise partnership agreement covering labourers in construction industry - orders made under s 106 for relief - Appeal - Application for stay of orders - Principles - Regard to be had to appellant's prospects of success - Appeal arguable - Whether the Commission had jurisdiction to make orders - Exercise of discretion - Balance of convenience - Balance of convenience favouring grant of a stay - Respondent not impecunious - Stay granted on condition that appellant pay to respondent a specified portion of money awarded at first instance and balance into interest bearing account CATCHWORDS : Stay of proceedings - Section 106 - Unfair contract - Appeal from orders awarding respondent 12 months payment as notice - Application for stay - Principles - Balance of convenience - Stay granted on condition that appellant pay to respondent a specified portion of money ordered at first instance and balance into interest bearing account LEGISLATION CITED : Industrial Relations Act 1996 Workplace Relations Act 1996 Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Bellambi Bowling Recreation & Sports Club Ltd v Grammel (2001) 107 IR 104 BHP Iron Ore Pty Ltd v Australian Workers Union (2000) 102 FCR 97, (2000) 97 IR 266 Burgess v Mount Thorley Operations Pty Ltd (2002) 115 IR 13 Burgess v Mount Thorley Operations Pty Ltd [2003] NSWIRComm 432 CASES CITED : Campbells Cash & Carry Pty Ltd v National Union of Workers, New South Wales Branch (2001) 104 IR 400 Professional Officers' Association of New South Wales v New South Wales Teachers' Federation (1993) 50 IR 404 Re Transport Industry - Waste Collection and Recycling (State) Award (2000) 102 IR 192 State of New South Wales (Department of Public Works and Services and Department of Education and Training) v WorkCover Authority of New South Wales (Inspector Page) [2000] NSWIRComm 124, (2000) 101 IR 131 Water Industry Salaried Officers' Union v Professional Officers' Association of New South Wales (1987) 22 IR 178 Thornwaite v Australian National Credit Union Ltd (2002) 116 IR 438 HEARING DATES: 03/29/2004 DATE OF JUDGMENT: 04/14/2004