NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : NKS Enterprises Pty Ltd v Mekary [2004] NSWIRComm 210 APPELLANT NKS Enterprises Pty Ltd PARTIES : RESPONDENT George Mekary FILE NUMBER: IRC 5360 of 2003 CORAM: Wright J President; Kavanagh J; Staff J CATCHWORDS : Appeal - Appeal from Chief Industrial Magistrate - Award - Contract of employment - Recovery of wages - Leave to appeal - Whether an industrial instrument applicable to work done under contract of employment - Statutory interpretation - Whether superannuation and provision of motor vehicle are "amounts payable" - Leave to appeal - Appeal upheld in part - Costs. LEGISLATION CITED : Industrial Relations Act 1996 Part 2 of Chapter 7 s 364 s 365 s 366 s 367 s 368
Hide and Skin Trading Pty Ltd v Oceanic Meat Traders Ltd (1990) 20 NSWLR 310 CASES CITED : LMI Australia v Baulerstone Hornibrook Pty Ltd [2003] NSWCA 74 Manufacturing Grocers' Employees Federation of Australia, Ex parte The Australian Chamber of Manufactures, Re (1986) 160 CLR 341
HEARING DATES: 03/12/2004 DATE OF JUDGMENT: 07/30/2004
APPELLANT Mr R W Tregnza of counsel Solicitor: Mr D Sheen Austin Dunhill Barwick
LEGAL REPRESENTATIVES: RESPONDENT Mr A G Rogers of counsel Mr D Bliss Shop, Distributive and Allied Employees' Association, New South Wales
JUDGMENT:
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