Construction, Forestry, Mining and Energy Union NSW Branch (o/b M Blundell) and Hunter Quarries Pty Ltd [2004] NSWIRComm 121

Industrial Relations Commission of New South Wales

CITATION : Construction, Forestry, Mining and Energy Union NSW Branch (o/b M Blundell) and Hunter Quarries Pty Ltd [2004] NSWIRComm 121 APPLICANT PARTIES : Construction, Forestry, Mining and Energy Union NSW Branch RESPONDENT Hunter Quarries Pty Ltd FILE NUMBER: IRC 4729 of 2003 CORAM: Harrison DP CATCHWORDS : Application pursuant to s213 of Industrial Relations Act 1996 - Alleged victimisation by termination of employment due to wage claim - not made out - genuine redundancy arising from removal of plant and equipment - reduction in scale of employer's business - Small claim pursuant to s379 - underpayment of wages- payment to employee of $931.80 ordered. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 04/05/2004 DATE OF JUDGMENT: 05/18/2004

APPLICANT Mr S Marshall CFMEU LEGAL REPRESENTATIVES: RESPONDENT Mr B Evans Workplace Relations Consulting Pty Ltd

JUDGMENT: 17 INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Tuesday, 18 May 2004

Matter No IRC 4729 of 2003 cONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, NEW SOUTH WALES BRANCH (ON BEHALF OF MARK BLUNDELL) AND HUNTER QUARRIES pty ltd Application for relief from victimisation pursuant to section 213 of the Industrial Relations Act 1996 DECISION [2004] NSWIRComm 121 1 This is an application for relief pursuant to s213 of the Industrial Relations Act 1996 ("the Act") filed by Construction, Forestry, Mining and Energy Union (New South Wales Branch) ("the Union") on 26 August 2003. The application is filed on behalf of Mr Mark Blundell, the member whom the Union alleges was victimised by termination from employment on 13 August 2003 by Hunter Quarries Pty Ltd ("the respondent").