Landcom, Department of Housing v Steve Beard and Others [2002] NSWIRComm 62

Industrial Relations Commission of New South Wales in Court Session

CITATION : Landcom, Department of Housing v Steve Beard and Others [2002] NSWIRComm 62 APPELLANT: Landcom, Department of Housing

FIRST RESPONDENT: Steve Beard PARTIES : SECOND RESPONDENT: David Reynolds

THIRD RESPONDENT: Pauline Prouse FILE NUMBER: IRC 907 of 2002 CORAM: Walton J Vice-President CATCHWORDS : Appeal - Leave to appeal - Recovery of monies as a result of not being paid for periods of annual leave - Orders made by CIM - Interests and costs awarded below - Stay application - Undertaking that interest to be paid on monies stayed in accordance with Supreme Court Rules if appeal lost - More remuneration received than relevant paid rates award - Substantial issues of law - Whether employees workers for purposes of Annual Holidays Act - Whether employees at common law - Principles to be applied - No serious issue for an arguable case - Sufficient reason for grant of stay - Appropriate matter for grant of stay - Significant issues raised warranting preliminary conclusion that appellant has a respectably arguable case - Factor in favour of grant of stay - Balance of convenience slightly in favour of appellant - Regard to administrative difficulties - Undertaking by appellant - Orders made - CIM's orders stayed until further order of Court - Usual directions made Annual Holidays Act 1944 LEGISLATION CITED : Supreme Court Rules Public Sector Management Act 1988 Housing Act 1985 s12(6) CASES CITED : Federal Commissioner of Taxation v Myer Emporium Ltd (1986) 160 CLR 220 Campbells Cash and Carry Pty Ltd v National Union of Workers, New South Wales Branch (2001) 104 IR 400 HEARING DATES: 03/04/2002 DATE OF JUDGMENT: 04/05/2002