Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, on behalf of Mark Harrison and Keith Donaldson, and Australian Co-Operative Foods Limited [2001] NSWIRComm 29

Industrial Relations Commission of New South Wales

CITATION : Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, on behalf of Mark Harrison and Keith Donaldson, and Australian Co-Operative Foods Limited [2001] NSWIRComm 29 APPLICANTS PARTIES : Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, on behalf of Mark Harrison and Keith Donaldson RESPONDENT Australian Co-Operative Foods Limited FILE NUMBER: 7056 and 7059 of 1999 CORAM: Sams DP Unfair dismissal - application for costs - whether respondent employer "unreasonably failed to agree to a settlement" - s181(2)(c) of the Act - conduct of parties - principles discussed. CATCHWORDS : Held, Commission's discretion to award costs against unsuccessful party not appropriate - application for costs dismissed. LEGISLATION CITED : Industrial Relations Act 1996 Bankstown City Council v Paris, 93 IR 209 Talbot v Rostcom Pty Ltd (unreported) Sams DP, Matter IRC1617 of 1999, 18 November 1999 CASES CITED : Copperart v Martin, 68 IR 58 Four Sons Pty Limited v Sakchai Lamsiripothong, 100 IR 400 Blagojevch v Australian Industrial Relations Commission, 98 IR 32 Krajewska and University of Adelaide, 50 IR 63 HEARING DATES: 11/23/2000; 12/04/2000; 12/15/2000; 12/21/2000 DATE OF JUDGMENT: 02/22/2001

APPLICANTS Mr S Penning, Solicitor Turner Freeman LEGAL REPRESENTATIVES: UNION Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union RESPONDENT Mr P Ludeke, Agent