Australian Liquor, Hospitality and Miscellaneous Workers' Union, NSW Branch v Westport Bowling Club Ltd [2001] NSWIRComm 205

Industrial Relations Commission of New South Wales

CITATION : Australian Liquor, Hospitality and Miscellaneous Workers' Union, NSW Branch v Westport Bowling Club Ltd [2001] NSWIRComm 205 PARTIES : Australian Liquor, Hospitality and Miscellaneous Workers' Union, NSW Branch Westport Bowling Club Ltd FILE NUMBER: IRC 3894 of 2001 CORAM: Harrison DP CATCHWORDS : Application for relief from unfair dismissal - allegation of theft - cash handling procedures - allegations not substantiated - reinstatement ordered LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 08/20/2001 DATE OF JUDGMENT: 09/05/2001

APPLICANT Mr C Acev Australian Liquor, Hospitality and Miscellaneous Workers' Union, NSW Branch

LEGAL REPRESENTATIVES: RESPONDENT Ms M Knight Mr R Tait Clubs NSW

JUDGMENT: 12 INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Wednesday, 5 September 2001 Matter No IRC 3894 of 2001

AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS' UNION, NEW SOUTH WALES BRANCH (ON BEHALF OF MAREE PLONER) AND WESPORT BOWLING CLUB LIMITED Application re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION [2001] NSWIRComm 205

1 The application in this matter was filed on 12 June 2001 by Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch ('the Union') on behalf of its member, Ms Maree Ploner ('the applicant'). 2 The matter was listed for proceedings for the purpose of conciliation and directions in Port Macquarie on 29 June 2001. Prior to these proceedings Clubs NSW, acting on behalf of Westport Bowling Club Limited ('the Club'), the respondent employer, sought vacation of proceedings due to strike action by members of the Union employed by the Club demanding reinstatement of the applicant. 3 Directions in Chambers were issued in the following terms: "I am in receipt of an application by Clubs NSW, acting on behalf of the respondent in this matter, to vacate proceedings scheduled for 29 June 2001 in Port Macquarie. The reason advanced in the attached application is ongoing strike action by members of the Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch ('the union').