Notification under section 130 by the Australian Workers' Union, New South Wales, of a dispute with WJ & A Seery re payment of overtime and penalty rates [2000] NSWIRComm 62

Industrial Relations Commission of New South Wales

CITATION : Notification under section 130 by the Australian Workers' Union, New South Wales, of a dispute with WJ & A Seery re payment of overtime and penalty rates [2000] NSWIRComm 62 PARTIES : Australian Workers' Union, New South Wales WJ & A Seery FILE NUMBER: 1848 of 1999 CORAM: Sams DP Dispute notification - powers of interpretation s175 - jurisdiction of Commission to make an order - purposive approach to interpretation - scope of awards - award respondency - partnership - whether respondent partnership bound to Federal award - whether Federal award prevails over State award - definition of "crop" - whether cotton is a crop. CATCHWORDS : Held, Commission has power to interpret Federal award - respondent carries out work covered by Federal award - scope of award expanded - language in an award should be purposively construed - no abiguity or obscurity in language - cotton is a crop - Federal award prevails - Commission lacks jurisdiction - dispute proceedings concluded. Industrial Relations Act 1996 Workplace Relations Act 1996 Workers' Compensation Act 1987 Rural Workers' Accommodation Act 1969 Interpretation Act 1987

LEGISLATION CITED : AWARDS: Cotton Growing Employees (State) Award 288 IG 947 Pastoral Industry Award (Cth) Dried Fruits & Other Fruits Industry Award 1999 (Cth) Wine Industry Award 1999 (Cth) Pig Breeding and Raising Award (Cth) Fruit and Vegetable Growing Storing Packing and Processing (AWU) Award 1999 (Cth) Peckham v Moore [1957] 1 NSWLR 353 Devaine v Gati (1956) 95 CLR 174 at 175 Darlington Futures Limited v Delco Australia Proprietory Limited (1986) 161 CLR 500 at 510 Nissho Iwai Australia Limited v Malaysian International Shipping Corporation (1989) 167 CLR 219 at 227 CASES CITED : Horizon Cold Storage Constructions Pty Ltd v WorkCover Authority of New South Wales (Wright P Walton VP and Hungerford J, Matter IRC2246 of 1999, 25 November 1999 at 15-16) Kucks v CSR Limited (1996) 66 IR 182 Pearson v Western Newspapers (1994) 52 IR 411 HEARING DATES: 02/07/2000; 02/08/2000 DATE OF JUDGMENT: 05/05/2000