Austeck Pty Ltd v Charalambos Atsalos [2003] NSWIRComm 290

Industrial Relations Commission of New South Wales

CITATION : Austeck Pty Ltd v Charalambos Atsalos [2003] NSWIRComm 290 APPELLANT Austeck Pty Limited PARTIES : RESPONDENT Charalambos Harry Atsalos FILE NUMBER: IRC 32 of 2003 CORAM: Walton J Vice-President; Boland J; Macdonald C Appeal - Application for leave to appeal and appeal - Unfair dismissal - Finding at first instance that annual remuneration of employee whose conditions of employment were not set by an industrial instrument was less than the prescribed amount - Statutory Interpretation - Section 83(1)(b) of Industrial Relations Act 1996 - meaning of "annual remuneration" - Whether annual remuneration was to be determined according to the actual amount paid to the employee in the 12 months preceding termination of employment or whether it was to be according to what the applicant was entitled to under the employment contract at the time of the termination of employment - History of section 83(1)(b) - Relevance of provisions of Workplace Relations Act 1996 (Cth) and Regulations to interpretation of "annual remuneration" under New South Wales Act - Whether Parliamentary debates provide assistance in interpreting meaning to be assigned to "annual remuneration" - Purposive approach to interpretation - Importance of interpreting particular words in context - Held that annual remuneration for the purpose of s 83(1)(b) was to be determined according to what the applicant was entitled to under the employment contract at the time of the termination of employment - Leave to appeal granted - Appeal upheld - Decision of Commissioner set aside

Unfair dismissal - Appeal - Application for leave to appeal and appeal - Finding at first instance that annual remuneration of employee whose conditions of employment were not set by an industrial instrument was less than the prescribed amount - Statutory Interpretation - Section 83(1)(b) of Industrial Relations Act 1996 - meaning of "annual remuneration" - Whether annual remuneration was to be determined according to the actual amount paid to the employee in the 12 months preceding termination of employment or whether it was to be according to what the applicant was entitled to under the employment contract at the time of the termination of employment - History of section 83(1)(b) - Relevance of provisions of Workplace Relations Act 1996 (Cth) and Regulations to interpretation of "annual remuneration" under New South Wales Act - Whether Parliamentary debates provide assistance in interpreting meaning to be assigned to "annual remuneration" - Purposive approach to interpretation - Importance of interpreting particular words in context - Held that annual remuneration for the purpose of s 83(1)(b) was to be determined according to what the applicant was entitled to under the employment contract at the time of the termination of employment - Leave to appeal granted - Appeal upheld - Decision of Commissioner set aside