Blue Circle Southern Cement Ltd v The Australian Workers Union, New South Wales [2000] NSWIRComm 21

Industrial Relations Commission of New South Wales

CITATION : Blue Circle Southern Cement Ltd v The Australian Workers Union, New South Wales [2000] NSWIRComm 21 APPLICANT PARTIES : Blue Circle Southern Cement Ltd RESPONDENT The Australian Workers Union, NSW FILE NUMBER: IRC1738 of 1999 CORAM: Marks J CATCHWORDS : Hours of work - Boxing Day Public Holiday LEGISLATION CITED : Industrial Relations Act 1996 Cement Industry - Blue Circle Southern Cement (State) Consolidated Award NSWIG Vol 296 at 127 Re Boarding Houses Etc Employees (State) Award and Other Awards (1961) AR 383 CASES CITED : Emloyers' Fderation of NSW v ALHMWU (unreported CT1181 of 1994 18 November 1994) HEARING DATES: 03/03/2000 DATE OF JUDGMENT: 03/21/2000

APPLICANT Nigel Ward Employment Relations Consulting Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT The Australian Workers Union, NSW

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MARKS J

Tuesday 21 March 2000

Matter No 1738 of 1999

BLUE CIRCLE SOUTHERN CEMENT LTD v THE AUSTRALIAN WORKERS UNION, NSW Notification under s130 of the Industrial Relations Act 1996 re public holidays

DECISION

1 These proceedings arise out of a dispute notification brought by Blue Circle Southern Cement Ltd arising out of a claim made against it by the Australian Workers Union, New South Wales for payment for work performed by employees on Saturday 26 December 1998 at the operations of the company at Berrima. 2 Employees who worked on 26 December 1998 were paid as a normal Saturday shift. Employees who worked on Monday 28 December 1998 were paid at holiday rates. The Union claims that employees working on 26 December should have been paid at holiday rates as well as those employees working on the following Monday. 3 The employment of employees of the Company is governed by the Cement Industry - Blue Circle Southern Cement (State) Consolidated Award the most recently gazetted version of which is published in NSWIG Vol 296 at 127. 4 Clauses 12 and 13 of that award are in the following terms: