Keith Fung and another v Community Relations Commission for a Multicultural NSW and anor [2004] NSWIRComm 371

Industrial Relations Commission of New South Wales in Court Session

CITATION : Keith Fung and another v Community Relations Commission for a Multicultural NSW and anor [2004] NSWIRComm 371 APPLICANTS: Keith Fung Philip Coen

PARTIES : RESPONDENTS: Public Employment Office Community Relations Commission for a Multicultural New South Wales

INTERVENOR: Public Service Association FILE NUMBER: IRC 7260 of 2003 CORAM: Staunton J CATCHWORDS : Application for binding declaration and consequential relief - award interpretation - history of the Award considered in conjunction with an analysis of the plain and ordinary meaning of the words used - interpretation of the disputed phrase 'or part thereof' - binding declaration made in the terms as sought by the applicants - order for consequential relief made in favour of the applicants - no order as to costs. LEGISLATION CITED : Industrial Relations Act 1996 Australian Workers' Union v Pasminco Australia Ltd and ors [2003] NSWIRComm 365 Bryce v Apperley (1998) 82 IR 448 CASES CITED : Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337 Electrolux Home Products v AWU (2004) 78 ALJR 1231 Zoological Parks Board of New South Wales and The Australian Workers' Union, New South Wales [2004] NSWIRComm 85 HEARING DATES: 11/01/2004 DATE OF JUDGMENT: 12/10/2004

FIRST APPLICANT: Ms D Hawkins of counsel