Lipa Management and National Union of Workers, NSW Branch [2003] NSWIRComm 43

Industrial Relations Commission of New South Wales

CITATION : Lipa Management and National Union of Workers, NSW Branch [2003] NSWIRComm 43 APPELLANT: PARTIES : Lipa Management Services RESPONDENT: National Union of Workers, NSW Branch FILE NUMBER: IRC181 of 2003 CORAM: Kavanagh J LEGISLATION CITED : Industrial Relations Act 1996 Campbells Cash and Carry Pty Limited v National Union of Workers, New South Wales Branch (2001) 104 IR 400 Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 CASES CITED : Bellambi Recreation and Sports Club (2001) 107 IR 104 Transport Industry Carrier and Taxi Trucks, Contract Determination (unreported, Hungerford J, IRC2533 of 1992, 21 December 1992) Bankstown City Council v Paris (unreported, Peterson J, IRC262 of 1999, 29 January 1999) HEARING DATES: 02/11/2003 EXTEMPORE JUDGMENT DATE : 02/11/2003

APPELLANT: Mr B. Gee, Fisher Cartwright Berriman LEGAL REPRESENTATIVES: RESPONDENT: Mr A. Joseph, National Union of Workers, NSW Branch

JUDGMENT: - 11 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: KAVANAGH J Date: Tuesday 11 February 2003

IRC181 of 2003 LIPA MANAGEMENT AND NATIONAL UNION OF WORKERS, NSW BRANCH Application by Lipa Management Services Pty Ltd for leave to appeal and appeal against decision of Patterson C given on 24 December 2002 in Matter No. IRC 5919 of 2002 EX TEMPORE DECISION (Application for Stay) [2003] NSWIRComm43 1 Lipa Management Services Pty Limited ("the Appellant") seeks a stay of a Decision and Orders of Patterson C. The Commissioner issued his Decision and Orders on 24 December 2002, in which Decision he made a number of qualified comments as to the circumstances of the employment and termination of Ms Lynn Cunningham represented by the National Union of Workers, NSW Branch (the Respondent). The Orders were as follows: 1. That the employer, Lipa Management Services Pty Ltd reinstate Lynn Cunningham to her former position as a process operator in the packaging department on day shift within 21 days of today's date.