CFMEU (on behalf of) Justin Sutherland and Kevin Bowden [2005] NSWIRComm 220

Industrial Relations Commission of New South Wales

CITATION: CFMEU (on behalf of) Justin Sutherland and Kevin Bowden [2005] NSWIRComm 220

Construction, Forestry, Mining and Energy Union (on behalf of ) Justin Sutherland PARTIES: K & K Bowden

FILE NUMBER(S): 592 of 2005

CORAM: Grayson DP

Ex parte Hearing - Employer's refusal to attend - Victimisation claim - Dismissal - Unpaid/underpaid entitlements - Building industry - Apprenticeship trainee- Small claim application granted - Claim for relief from victimisation granted - Application for costs granted - Orders made CATCHWORDS:

HEARING DATES: 06/17/2005 EXTEMPORE JUDGMENT DATE: 06/17/2005

Leah Charlson - Legal Officer LEGAL REPRESENTATIVES: CFMEU

Kevin Bowden

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Grayson DP

17 June 2005

Matter No IRC 592 of 2005

CFMEU (on behalf of) Justin Sutherland and Kevin and Kama Bowden

Application by Construction, Forestry, Mining and Energy Union (on behalf of its member Justin Sutherland) for relief from victimisation under section 213 of the Industrial Relations Act 1996.

JUDGMENT

[2005] NSWIRComm 220

1 The applicant Union on behalf of its member, Mr Sutherland, applies for relief from victimisation under section 213 of the Industrial Relations Act 1996. The Union, again on behalf of its member, brings a further claim namely, a small claim under section 379 of the Act. 2 The Union relies upon the evidence given by Mr Sutherland, both in affidavit and supplementary oral form, and further upon the material contained in the affidavit of Ms Charlson, who appears for the CFMEU today.