Notification under section 130 by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, of a dispute with the National Roads & Motorists Association Limited re: Alleged Award Breaches [2005] NSWIRComm 1071

Industrial Relations Commission of New South Wales

CITATION: Notification under section 130 by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, of a dispute with the National Roads & Motorists Association Limited re: Alleged Award Breaches [2005] NSWIRComm 1071

APPLICANT Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union NSW Branch PARTIES: RESPONDENT National Roads & Motorists Association Limited

FILE NUMBER(S): 5527 of 2003

CORAM: Tabbaa C

CATCHWORDS: S.130 - S.175 Interpretation - Extrinsic Evidence - Condonation only applicable to Unfair Dismissals - Custom and Practice

Industrial Relations Act 1996 Metals Engineering and Associated Industries (State) Award LEGISLATION CITED: National Roads and Motorists' Association Limited Patrol Officers' Enterprise Agreement 2001

Bryce & Anor v. Apperley (1998) 82 IR 448 Codelfa Construction Pty. Ltd. v. State Rail Authority (NSW) (1982) 149 CLR 377 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch v BHP Steel Long Products, The Australian Workers Union v BHP Steel Long Products (2000) NSWIRC 164. Crown Employee3s Overtime Award (1968 AR 60) Merchant Service Guild of Australia v Sydney Steam Colliery Owners and Coal Stevedores Association and ors. (1958) 1 FLR 248 Saraswati v. The Queen (1991) 172 CLR 1 Cooper Brookes (Wollongong) P/L v. Commissioner of Taxation (1981) CLR 297 Australian Worker Union, NSW branch v. Zoological Parks Board of NSW (2003) NSWIRComm. 49 Burge v BHP Steel P/L (2001) 105 IR 81 Australian Transport Officers Association v Department of Motor Transport (1988) 25 IR 235 CASES CITED: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and ors. v Qantas Airways Limited (2001) 106 IR 307 Kingmill Aust. P/L t/as Thrifty Car Rental v Federated Clerks' Union of Australia, NSW branch [2001] NSWIRComm. 141 Seamen's Union of Australia v Adelaide Steamship Co. Ltd. (1976) 46 FLR 444 Printing and Kindred Industries Union & Anor. v. Davies Bros. Ltd. (1986) 18 IR 444 Re Hospital Employees' Conditions of Employment (State) Award (1999) 96 IR 245 Australian Workers' Union, New South Wales branch, and Zoological Parks Board of New South Wales ([2003] NSWIRComm 49 Zoological Parks Board of New South Wales and The Australian Workers' Union, New South Wales ([2004] NSWIRComm 85 The Australian Workers' Union, New South Wales v. New South Wales Technical and Further Education ([2001] NSWIRComm. 25 New South Wales Fire Brigade Employees Union and New South Wales Brigades ([2003] NSWIRComm 55 City of Wanneroo v. Holmes ((1989) 30 IR 362 at 378 In re Industrial Agreement - Newcastle County Council & FEDFA (1970) AR 218