Construction, Forestry, Mining and Energy Union, New South Wales Branch (On Behalf of B Winiorczyk and others) v Ace Scaffolding Pty Ltd [2004] NSWIRComm 13

Industrial Relations Commission of New South Wales

CITATION : Construction, Forestry, Mining and Energy Union, New South Wales Branch (On Behalf of B Winiorczyk and others) v Ace Scaffolding Pty Ltd [2004] NSWIRComm 13 PARTIES : Construction, Forestry, Mining and Energy Union, New South Wales Branch, Construction & General Division Ace Scaffolding Pty Ltd FILE NUMBER: IRC 1912 of 2003 CORAM: Harrison DP CATCHWORDS : Application for relief from victimisation prsnt to s 213 of the Act - finding of victimisation - retrenchment device to disguise victimisation - Finding in favour of applicants - Quantum of compensation to be argued in further proceedings. LEGISLATION CITED : Industrial Relations Act 1996 Smith and Others v Moore Paragon Australia Ltd Davis v Amalgamated Television Services Pty Limited [1998] 81 IR 364 CASES CITED : Tapia v Lagoon Seafood Restaurant [1999] 89 IR 436 Briginshaw v Briginshaw (1938) 60 CLR 336 Jones v Dunkel (1959) 101 CLR 298 HEARING DATES: 10/07/2003; 10/08/2003; 10/09/2003; 12/05/2003 DATE OF JUDGMENT: 02/16/2004

APPLICANT Ms. S Sullivan CFMEU LEGAL REPRESENTATIVES: RESPONDENT Counsel Mr R Warren

JUDGMENT: 30 INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Monday, 16 February 2004 Matter No IRC 1912 of 2003

cONSTRUCTION FORESTRY MINING AND ENERGY UNION, Construction and general division, NEW SOUTH WALES BRANCH (ON BEHALF OF brett winiorczyk and others) AND ace scaffolding pty ltd Application for relief from victimisation pursuant to section 213 of the Industrial Relations Act 1996 DECISION [2004] NSWIRComm 13