NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Electrical Trades Union of Australia, NSW Branch and another v OneSteel Rod and Bar Mill [2005] NSWIRComm 221
Electrical Trades Union of Australia, NSW Branch; PARTIES: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (NSW Branch) OneSteel Pty Limited
FILE NUMBER(S): IRC 6242 of 2004; IRC 6262 of 2004
CORAM: Harrison DP
Notification pursuant to s 130 of a dispute re incorrect payment for Easter Saturday Public Holiday - claim for six hour's wages - interpretation of award and Annual Holidays Act 1944 - application of shift work and weekend penalties on Saturday which is public holiday CATCHWORDS: Held - Award relies on Annual Holidays Act - Annual Holidays Act prevents payment of shift allowances and weekend penalties on Saturday that is public holiday - application for payment refused
Annual Holidays Act 1944 LEGISLATION CITED: Industrial Relations Act 1996
Kingmill Australia Pty Ltd t/as Thrifty Car Rental v Federated Clerks Union of Australia, NSW Branch (2001) 106 IR 217 Norwest Beef Industries Ltd v Australasian Meat Industry Union of Workers (WA Branch) (1984) 12 IR 314 Bryce v Apperly 82 IR 448 CASES CITED: Short v F W Hercus Pty Limited (1993) 40 FCR 511 Re State Rail Authority Fire Fighters Award 2001 (2002) NSWIRComm 159 Shift Workers Case 1972 AR 633
HEARING DATES: 04/05/2005
DATE OF JUDGMENT: 07/22/2005
APPLICANTS ETU Counsel Mr A Searle AMWU LEGAL REPRESENTATIVES: Mr G Hayter
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