Wykoff Investments Pty Ltd T/as Putt Putt West Ryde v SDA, New South Wales [2003] NSWIRComm 315

Industrial Relations Commission of New South Wales in Court Session

CITATION : Wykoff Investments Pty Ltd T/as Putt Putt West Ryde v SDA, New South Wales [2003] NSWIRComm 315 APPELLANT Wykoff Investments Pty Ltd T/as Putt Putt West Ryde PARTIES : RESPONDENT The Shop, Distributive and Allied Employees Association, New South Wales for Jim Moran FILE NUMBER: IRC 2308 of 2003 CORAM: Wright J President; Walton J Vice-President; Boland J Appeal - Application for leave to appeal - Appeal from decision of Chief Industrial Magistrate - Award interpretation - Construction of award provisions - Terms of award require reference to industries and callings of industrial committee - Exclusion provision - Findings of fact by Chief Industrial Magistrate - Leave to appeal refused - Appeal dismissed. CATCHWORDS : Award - Award interpretation - Construction of award provisions - Appeal - Application for leave to appeal - Appeal from decision of Chief Industrial Magistrate - Terms of award require reference to industries and callings of industrial committee - Exclusion provision - Findings of fact by Chief Industrial Magistrate - Leave to appeal refused - Appeal dismissed. HEARING DATES: 09/17/2003 EXTEMPORE JUDGMENT DATE : 09/17/2003

APPELLANT Mr S R Coleman of counsel Solicitors: Ei Legal Pty Ltd (Mr B Thompson) LEGAL REPRESENTATIVES: RESPONDENT Mr A G Rogers of counsel The Shop, Distributive and Allied Employees Association, New South Wales (Mr R Tonkli)