NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Sydney Tower Restaurants Pty Ltd v Zhang & Anor [2004] NSWIRComm 250 APPLICANT Sydney Tower Restaurants Pty Ltd
PARTIES : FIRST RESPONDENT Peter Ting Fang Zhang
SECOND RESPONDENT Antonio Kwong Win Wan FILE NUMBER: IRC No 6515 of 2003 CORAM: Walton J Vice-President; Staff J; Backman J CATCHWORDS : Appeal - Appeal from Chief Industrial Magistrate - Award - Contract of employment - Recovery of wages and allowances - Restaurant employees - Leave to appeal - Proper classification - Construction of an award - Leave to appeal refused - Costs LEGISLATION CITED : Industrial Relations Act 1996 - Part 7 of Chapter 4 Construction, Forestry, Mining and Energy Union (New South Wales Branch) v Delta Electricity [2003] NSWIRComm 135 Fox v GIO Australia Ltd (2002) 56 NSWLR 512 CASES CITED : Kingmill Australia Pty Ltd t/as Thrifty Car Rental v Federated Clerks' Union of Australia, New South Wales Branch (2001) 106 IR 217 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Zoological Parks Board of New South Wales v Australian Workers' Union, New South Wales and others [2004] NSWIRComm 85 HEARING DATES: 08/23/2004 EXTEMPORE JUDGMENT DATE : 08/23/2004
APPELLANT Mr P Kite SC and Mr S Prince of counsel Solicitor: Mr A Duc Restaurant & Catering Industry Association of NSW LEGAL REPRESENTATIVES: FIRST AND SECOND RESPONDENTS Mr R J Buchanan QC and Mr T McAvoy of counsel Solicitor: Mr D Zabow Zabow & Wise Lawyers
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