New South Wales Independent Education Union and Allambia Pty Limited, trading as Cuddly Possums [2000] NSWIRComm 77

Industrial Relations Commission of New South Wales

CITATION : New South Wales Independent Education Union and Allambia Pty Limited, trading as Cuddly Possums [2000] NSWIRComm 77 PARTIES : New South Wales Independent Education Union Allambia Pty Limited FILE NUMBER: 3092 of 1999 CORAM: Sams DP Industrial Dispute, notification under s130 - award entitlements denied - whether there was a transfer of business - who was the real and effective employer - whether employee was a transferred employee - effect of s101(2) of the Act - effect of Supreme Court liquidation order - orders sought for accrued entitlements. CATCHWORDS : Held, Transfer of business occurred - transfer of business occurred before termination of employment - successor employer the real and effective employer from 19 August 1998 - employee a transferred employee - s101(2) not attracted - Supreme Court liquidation order did not terminate employment contracts - employee's service with former employer to be counted - payments to be made for redundancy, annual leave and annual leave loading - orders to be made - costs application adjourned. Industrial Relations Act 1996 Annual Holidays Act 1994 Workplace Relations Act 1996 (Cth) Industrial Arbitration Act 1940 Industrial Relations Act 1991 LEGISLATION CITED : REGULATIONS: Centre Based and Mobile Child Care Services Regulations (No 2) 1996

AWARDS: Teachers (Non Government Early Childhood Service Centres Other Than Preschools) (State) Award North Western Health Care Network v Health Services Union of Australia, 164 ALR 147 General Rolling Stock Company (1866) 1 Eq 346 Australian Insurance Employees Union v WP Insurance Services Pty Ltd, 42 ALR 598 at 606 Jones v Dunkel (1959) 101 CLR 298 CASES CITED : Finance Sector Union of Australia v P P Consultants Pty Ltd [1999] FCA 1251 Allison v Bega Valley Council, 63 IR 68 at 72 RES Logging Company Pty Ltd v Bridge (1969) 69 AR 604 at 607 Re Australian Industrial Relations Commission and Ors, ex parte Australian Transport Officers Federation and Ors (1990) 171 CLR 216 HEARING DATES: 02/10/2000; 02/11/2000; 03/09/2000 DATE OF JUDGMENT: 05/30/2000