REGISTERED CLUBS ASSOCIATION OF NSW v AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS' UNION, NSW BRANCH [2000] NSWIRComm 262

Industrial Relations Commission of New South Wales in Court Session

CITATION : REGISTERED CLUBS ASSOCIATION OF NSW v AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS' UNION, NSW BRANCH [2000] NSWIRComm 262 APPLICANT: Registered Clubs Association of New South Wales PARTIES : RESPONDENT: Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch FILE NUMBER: IRC 6641 of 1999 CORAM: Glynn J CATCHWORDS : Long Service Leave - are casual and part-time loadings payable in accordance with Club Employees (State) Awards 1996 and 1999, amounts payable in respect of "shift work" or "other penalty rates" for the purposes of s 3(2)(b) of the Long Service Leave Act 1955? - "shift work", "penalty rates" and "overtime" discussed - Held: (1) casual loadings not amounts payable for the purposes of s 3(2)(b) but are to be taken into account as part of "ordinary pay" for work on Monday to Friday, weekends and public holidays for the purposes of s 4 of the LSL Act, (2) part-time loadings are amounts payable for the purposes of s 3(2)(b). Industrial Relations Act 1996 s 154 LEGISLATION CITED : Long Service Leave Act 1955 s 3 s 4 Industrial Arbitration Act 1940 s 66 s 67 Brockhoff v Pinkerton and Son (1997) 64 SAIR 594 In re Clerks (State) Award [1953] AR 199 In re Clerks (Sydney Daily Newspapers) Award [1961] AR 529 In re Club Employees (State) Award [1981] AR 562 In re Club Employees (State) Award (unreported, Pietracci CC, 11/8/80, 76/705, 78/595 and 79/86) Decision - Public Holidays (unreported, Print L9178, 20/3/95) Drake Personnel Limited t/a Drake Industrial v WorkCover Authority of NSW (Inspector Ch'ng) (1999) 90 IR 432 Horizon Cold Storage Constructions Pty Ltd v WorkCover Authority of NSW (unreported, 99/2246, 25/11/99) In re Iron & Steel Works Employees (Australian Iron & Steel Limited - Port Kembla) Award [1957] AR 429 Kezich v Leighton Contractors Pty Limited (1974) 131 CLR 362 Kingston v Keprose Pty Ltd (1987) 11 NSWLR 404 Markham v Crown Crystal Glass Pty Limited [1961] AR 316 CASES CITED : Matchett v The Illawarra Catholic Club (unreported, CIM, 97/1436, 25/3/98) In re Metalliferous Miners, etc, General (State) No 2 Conciliation Committee [1940] AR 249 Notification of Dispute: Australian Iron and Steel Pty Ltd (unreported, Fisher P, 83/ 24, 14/1/83) Re Rates of Pay for Work Performed on Saturdays and Sundays (1974) 58 CAR 610 In re Shift Workers Case 1972 [1972] AR 633 Shop Employees (State) Award [1977] AR 555 State Part-time Work Case (1998) 78 IR 172 State of New South Wales v Macquarie Bank Ltd (1992) 30 NSWLR 307 In re Steel Works Employees (Broken Hill Pty Co Ltd) Award [1936] AR 155 In re Steel Works Employees (Broken Hill Pty Co Ltd) and other Awards [1948] AR 544 The Metal Industries Association of South Australia v The Federated Moulders (Metals) Union of Australia (1963-64) 105 CAR 1015 In re Watchmen, Caretakers, Cleaners, Lift Attendants &c., (State) Award [1965] AR 268 In re Water and Sewerage (Salaried Division) Overtime Award (1976 AILR Rpt 565) HEARING DATES: 07/25/2000; 07/26/2000 DATE OF JUDGMENT: 12/14/2000