Gelos v. Broadlex Services Pty Limited [2005] NSWIRComm 1153

Industrial Relations Commission of New South Wales

CITATION: Gelos v. Broadlex Services Pty Limited [2005] NSWIRComm 1153

APPLICANT Sergio Gelos

PARTIES: RESPONDENT Broadlex Services Pty Limited

FILE NUMBER(S): 1159 of 2005

CORAM: Connor C

termination of employment - failure to meet appropriate performance standards as a supervisor - offer of re-engagement as a cleaner rejected - claim to preserve entitlements as a supervisor whilst performing duties as a cleaner - application rejected CATCHWORDS:

Industrial Relations Act 1996 LEGISLATION CITED:

Busways v. Johnson (1994) 55 IR 255 CASES CITED: Re Loty and Holloway and the Australian Workers' Union (1971) AR 95

HEARING DATES: 09/22/2005

DATE OF JUDGMENT: 09/30/2005

APPLICANT applicant appeared in person LEGAL REPRESENTATIVES:

RESPONDENT David Lehmann

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Friday, 30 September, 2005

Matter No IRC 1159 of 2005

Sergio Hector Gelos and Broadlex Services Pty Limited

Application under S.84 of the Industrial Relations Act, 1996

DECISION

[2005] NSWIRComm 1153

Introduction

1 Mr S H Gelos was employed as a regional cleaning supervisor with Broadlex Services Pty Limited. He commenced work as a full-time cleaner in the middle of 2002 under the terms of the Cleaning and Building Services Contractors (State) Award and twelve months later - on Monday, 2 June, 2003 - he joined a team of six salaried management employees, which is award free. He was subject to a period of training. He was provided with a vehicle, a petrol card and a mobile telephone. He was allocated a region and worked autonomously in supervising that region until his services were terminated on Monday, 14 February, 2005.