NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Lend Lease Hotel Intercontinental (Stage 1) Project Award and Another [2003] NSWIRComm 314 APPLICANT Bovis Lend Lease/Labor Council of New South Wales
PARTIES : RESPONDENTS Labor Council of New South Wales Construction, Forestry, Mining and Energy Union (New South Wales Branch) Barclay Mowlem Construction Limited FILE NUMBER: IRC 3881 and 3896 of 2003 CORAM: Walton J Vice-President CATCHWORDS : Awards - Building and Construction Industry - Consent - Statutory Requirements - Wage Fixing Principles - Jurisdiction - Contractor Clauses - Awards made. LEGISLATION CITED : Industrial Relations Act 1996 A v The Commission of Children and Young People (No.4) (2000) 104 IR 131 Adelaide Women's Community Health Centre Inc. and ors v Australian Liquor, Hospitality and Miscellaneous Workers' Union (unreported, McIntyre VP, Marsh SDP and Frawley C, Print L4865, 24 March 1994) Adelaide Women's Community Health Centre Inc. and ors v Australian Liquor, Hospitality and Miscellaneous Workers' Union (unreported, O'Connor P, McBean SDP and Bryant DP, Print M9948 14 March 1996) Australian Higher Education Industrial Association v Federated Miscellaneous Workers' Union (unreported, Munro J, Watson DP and Redman C Print M8770, 30 January 1996) Campbells Cash and Carry Pty Limited v National Union of Workers, New South Wales Branch (No.2) (2001) 53 NSWLR 393 CASES CITED : R v Commonwealth Industrial Court Judges, ex parte Cocks (1968) 121 CLR 313 Re: National Transport Operations Pty Limited Certified Agreement 2002 (unreported, Harrison SDP, Duncan SDP and Richards C, 22 June 2003) State Wage Case 2003 [2003] NSWIRComm 174 The Queen v Industrial Commission of South Australia, ex parte Master Builders Association of South Australia Incorporated (1981) 26 SASR 535 The Queen v Moore and others, ex parte Federated Miscellaneous Workers' Union of Australia (1978) 140 CLR 471 Western Australian Government Railways Commission v Australian Municipal, Administrative, Clerical and Services Union (unreported, Hancock SDP, Bryant DP and O'Commor C, Print P0976, 27 May 1997) HEARING DATES: 08/18/2003 DATE OF JUDGMENT: 09/26/2003
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