Australian Workers' Union, NSW v Great Lakes Community Resources T/as Resource Recovery [2004] NSWIRComm 327

Industrial Relations Commission of New South Wales

CITATION : Australian Workers' Union, NSW v Great Lakes Community Resources T/as Resource Recovery [2004] NSWIRComm 327 PARTIES : Australian Workers' Union, NSW Great Lakes Community Resources T/as Resource Recovery FILE NUMBER: IRC 4390 of 2004 CORAM: Harrison DP CATCHWORDS : Notification under s 130 of a dispute re non payment of redundancy and entitlements in accordance with award - Employer claim to obtaining suitable alternative employment - transmission of business - surrender of contract principle cause of redundancy. Held - employer did not obtain alternative employment - payment of redundancy entitlements ordered. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : The Australian Chamber of Manufactures v Derole Nominees Pty Ltd [1990] 1029 IRCommA HEARING DATES: 10/27/2004 EXTEMPORE JUDGMENT DATE : 11/05/2004

Mr C Tate Australian Workers' Union, NSW LEGAL REPRESENTATIVES: Mr M Pegg Jobs Australia

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP Friday, 5 November 2004

MATTER NO IRC 4390 OF 2004

Notification Under S 130 By The Australian Workers' Union, New South Wales Of A Dispute With Great Lakes Community Resources T/As Resource Recovery Re Non Payment Of Redundancies And Entitlements In Accordance With Award

DECISION [2004] NSWIRComm 327

1 Great Lakes Community Resources trading as Resource Recovery ("Resource Recovery") is a not for profit organisation which has the creation of employment opportunity for disadvantaged persons as one of its primary functions. Resource Recovery held a contract with the Greater Taree City Council ("the Council") for waste collection from urban and rural areas and disposal by land fill.