Notification under section 130 by the Australian Liquor, Hospitality and Miscellaneous Workers Union, Liquor and Hospitality Division, New South Wales Branch of a dispute with Parramatta Leagues Club Ltd re reduction of hours [2002] NSWIRComm 208

Industrial Relations Commission of New South Wales

CITATION : Notification under section 130 by the Australian Liquor, Hospitality and Miscellaneous Workers Union, Liquor and Hospitality Division, New South Wales Branch of a dispute with Parramatta Leagues Club Ltd re reduction of hours [2002] NSWIRComm 208 NOTIFIER: PARTIES : Australian Liquor, Hospitality and Miscellaneous Workers Union, Liquor and Hospitality Division, New South Wales Branch RESPONDENT: Parramatta Leagues Club Ltd FILE NUMBER: 810 of 2002 CORAM: Sams DP Industrial dispute - casual employment - hours of work - contract of employment - offers of permanent employment - management prerogative - employee's loss of earnings - custom and practice - power to make dispute orders under s136 of the Act - notice of motion - whether proceedings frivolous and/or vexatious CATCHWORDS : Held, power to make orders relating to hours of work - no issue of management prerogative - casual employees cannot insist on fixed hours of work - award provisions to apply - permanent employment should be accepted - order refused on merit - proceedings not frivolous and/or vexatious - notice of motion dismissed - recommendation made - proceedings concluded. LEGISLATION CITED : Industrial Relations Act 1996 Australian Federated Union of Locomotive Enginemen v State Rail Authority of NSW (XPT Case) (1984) 295 CAR 188 Markonski v Catolina Country Club [2000] NSWIRComm 1034 (30 March 2000), Connor C Re Cram & Ors, Ex parte NSW Colliery Proprietors Association & Ors 21 IR 165 Morts Dock and Engineering Co Ltd v the Federated Ship Painters and Dockers Union of Australia (1954) 79 CAR 254 CASES CITED : Pickering & Skilled Communications Services Pty Ltd and other matters [2002] NSWIRComm 1033 (29 March 2000), Murphy C Western Suburbs District Ambulance Committee v Tipping (1957) AR (NSW) 273 Shop, Distributive and Allied Employees' Association, New South Wales & SmithKline Beecham (Australia) Pty Ltd [2000] NSWIRComm 1089 (26 July 2000), McLeay C Richard Sharma and IBM Australia Limited [1989] NSWIRComm 515 (18 September 1989), McLeay C Ambulance Service of New South Wales and Health and Research Employees Association [1992] NSWIRComm 1 (21 February 1992), Cullen J New South Wales Teachers Federation v Secretary, Ministry for Education and Youth Affairs (No1) 35 IR 243. HEARING DATES: 07/05/2002; 08/16/2002 DATE OF JUDGMENT: 10/11/2002