Burgess and Ors v Mount Thorley Operations Pty Ltd [2003] NSWIRComm 432

Industrial Relations Commission of New South Wales in Court Session

CITATION : Burgess and Ors v Mount Thorley Operations Pty Ltd [2003] NSWIRComm 432 APPELLANTS Michael John Burgess Geoffrey Ian Bright Ross Allen Brown John Douglas Cuddigan Barry Fong Leslie James Irvine William Robert Hoye PARTIES : Rodney William Jones Charles Anthony Mitchell Michael Matthew Phillips Michael Bruce Sampson Marvyn Smith Frederick George Veigel Raymond Gordon Wills

RESPONDENT Mount Thorley Operations Pty Limited FILE NUMBER: IRC 3321-3334 of 2002 & IRC 1369 of 2003 CORAM: Wright J President; Walton J Vice-President; Boland J Appeal - Application for leave to appeal and appeal - Application to extend time to appeal in relation to costs - Unfair contract - Mining industry - Appellants made redundant - Employment governed by federal award and federal agreement - Whether terms of award and agreement expressly or impliedly incorporated into appellants' employment contracts - If terms of award and agreement not incorporated into employment contracts whether Commission in Court Session should exercise power under s 106 of Industrial Relations Act 1996 to vary contracts to incorporate terms - Whether by its conduct the respondent had rendered contracts unfair - Whether the terms of the federal award and federal agreement were inconsistent with orders sought by the appellants under s 106 of the Industrial Relations Act - Section 109 of Australian Constitution - Appellants unsuccessful in relation to main claims - Further submissions on limited number of issues - Leave granted to extend time to appeal in relation to costs - Costs reserved