Broken Hill Chamber of Commerce Inc v Barrier Industrial Council [2005] NSWIRComm 401

Industrial Relations Commission of New South Wales

CITATION: Broken Hill Chamber of Commerce Inc v Barrier Industrial Council [2005] NSWIRComm 401

APPELLANT: Broken Hill Chamber of Commerce Incorporated PARTIES: RESPONDENT: Barrier Industrial Council

FILE NUMBER(S): IRC 4364 of 2005

CORAM: Wright J President; Walton J Vice-President; Murphy C

CATCHWORDS: Appeal - Award Interpretation - Long service leave provision in award - Long Service Leave Act - Accrual of Long Service Leave - Refusal of leave to appeal - Appeal dismissed

LEGISLATION CITED: Long Service Leave Act 1955

Barrier Industrial Council and Broken Hill Chamber of Commerce Inc [2005] NSWIRComm 249 Construction, Forestry, Mining and Energy Union (NSW Branch) v Delta Electricity [2003] NSWIRComm 135 CASES CITED: Kingmill Australia Pty Ltd t/as Thrifty Car Rental v Federated Clerks Union of Australia (2001) 106 IR 217 Knowles v Anglican Church Property Trust (1999) 95 IR 380 Zoological Parks Board of NSW v Australian Workers Union (2004) 135 IR 56

HEARING DATES: 10/31/2005

DATE OF JUDGMENT: 11/04/2005

APPELLANT: Mr B Gee, Solicitor Campbell Fisher Cartwright Berriman, Lawyers and Consultants LEGAL REPRESENTATIVES:

RESPONDENT: Mr A Rogers of counsel Barrier Industrial Council

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: WRIGHT J, President WALTON J, Vice-President MURPHY C Friday 4 November 2005 Matter No. IRC 4364 OF 2005 BROKEN HILL CHAMBER OF COMMERCE INCORPORATED AND BARRIER INDUSTRIAL COUNCIL Application by Broken Hill Chamber of Commerce Incorporated for leave to appeal and appeal against a decision of Deputy President Sams given on 29 July 2005 in Matter No IRC 1031 of 2005