NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Barrier Industrial Council and Broken Hill Chamber of Commerce Inc [2005] NSWIRComm 249
NOTIFIER Barrier Industrial Council PARTIES: RESPONDENT Broken Hill Chamber of Commerce Inc
FILE NUMBER(S): 1031 of 2005
CORAM: Sams DP
Industrial dispute - terms of an Award - beneficial provision - long service leave - rate at which pro rata long service leave is accrued - s175 of the Act - principles of award interpretation. CATCHWORDS: Held, beneficial interpretation - intention of the parties - long history without any dispute - support for interpretation found in the relevant statute - accrual of beneficial entitlement applies to entire period of service - reliance on exclusion incorrect - parties directed to prepare draft clause.
Industrial Relations Act 1996 Long Service Leave Act 1955
LEGISLATION CITED: AWARD Broken Hill Commerce and Industry Consent Award 2001 336 IG 885
Construction, Forestry, Mining and Energy Union (NSW Branch) v Delta Electricity [2003] NSWIRComm 135 Kingmill Australia Pty Ltd t/as Thrifty Car Rental v Federated Clerks Union of Australia (2001) 106 IR 217 State Rail Authority Firefighters Award 2001 [2002] NSWIRComm 159 CASES CITED: Zoological Parks Board of New South Wales and Australian Workers' Union New South Wales [2004] NSWIRComm 85
HEARING DATES: 06/01/2005; 06/22/2005; 07/06/2005
DATE OF JUDGMENT: 07/29/2005
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