NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Anthony Poulton v Rail Infrastructure Corportion [2005] NSWIRComm 1081
APPLICANT Anthony Poulton PARTIES: RESPONDENT Rail Infrastructure Corporation
FILE NUMBER(S): 5006 of 2003
CORAM: Murphy C
CATCHWORDS: Alleged unfair dismissal of employee previously employed under State instrument as plumber - transferred under Federal certified agreement with some limited conditions referenced to Federal Railways, Traffic, Permanent Way Signalling Wages Staff Award 2002 - Applicant found not covered by Federal award - Held S83(1)(A) amendment did not evince intention to broaden NSW jurisdiction over Federal instruments - Second limb argument that coverage by Federal certified agreement (but not Award) did not disbar jurisdiction by State IRC - given restricted language "Federal award" in amending S83(1)(A) of NSW Act - (subsequent to narrow interpretation expoused in Moore Vs Newcastle City Council decision) rejected - application dismissed.
Industrial Relations Act 1996 LEGISLATION CITED: Workplace Relatiions Act 1996
Moore Vs Newcastle City Council 77 IR 210 Australian Liquor, Hospitality and Miscellaneous Workers' Union Vs Coca Cola Amatil, Western Australia (1998) WAIR Comm 193 George Grispos and Coca Cola Amatil WA (Print RO657, 15 January 1999) CASES CITED: Dazmay Pty Ltd Vs Thorn 74 IR 182 David Robert Rylands Vs Quality Images Pty Ltd Bishop C. in Matter No. 1597/88 on 20th August, 1988 (unreported)
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