Kaal Australia Pty Ltd [2001] NSWIRComm 6

Industrial Relations Commission of New South Wales

CITATION : Kaal Australia Pty Ltd [2001] NSWIRComm 6 APPLICANT Kaal Australia Pty Limited PARTIES : RESPONDENT Federated Clerks' Union of Australia, New South Wales Branch FILE NUMBER: IRC 3484 of 2000 CORAM: Hungerford J Long Service Leave - Application by employer for exemption from operation of Act relating to long service leave - Scheme proposed by employer permitted employee to elect to "cash out" part or all of accrued long service leave in lieu of leave, but able to take in future equivalent amount of leave without pay - Whether proposed benefits in the nature of long service leave - Whether proposed benefits not less favourable than those specified in the statute - Whether in the best interests of employees that exemption be granted - Whether proposed scheme provides for the granting of long service leave as such - Statutory conditions for grant of the exemption doubted - Held, proposed scheme did not provide for long service leave as such - Application dismissed. CATCHWORDS : Words and Phrases - Meaning of "nature" in the phrase "in the nature of". Industrial Arbitration Act 1940 (repealed) s 88C(4) LEGISLATION CITED : Long Service Leave Act 1955 s 4 s 4(8) s 5 s 5(1) s 5(2)(a) s 5(2)(b) s 5(3) s 5A s 7(1) s 7(2) Long Service Leave Act 1992 (Vic) s 65 s 74 Workplace Relations Act 1996 (Cth) Jackson v Davids Pty Ltd [1963] AR (NSW) 258 CASES CITED : Long Service Leave Exemption - A L Vincent & Coy Pty Ltd [1967] AR (NSW) 221 Smith v Craig Mostyn & Co Pty Ltd [1984] 2 NSWLR 393, [1984] AR (NSW) 565 Wire Fence (Other Than Barbed Wire) Makers and Tubular Gate Makers (State) Award [1952] AR (NSW) 91 HEARING DATES: 12/04/2000 DATE OF JUDGMENT: 02/06/2001