John Holland Group v Construction, Forestry, Mining and Energy Union (NSW Branch) re Living Away From Home Allowance [2003] NSWIRComm 113

Industrial Relations Commission of New South Wales

CITATION : John Holland Group v Construction, Forestry, Mining and Energy Union (NSW Branch) re Living Away From Home Allowance [2003] NSWIRComm 113 APPLICANT PARTIES : John Holland Group Pty Ltd RESPONDENT Construction, Forestry, Mining and Energy Union (NSW Branch) FILE NUMBER: IRC 5287 of 2002 CORAM: Harrison DP CATCHWORDS : Notification under s130 of Industrial Relations Act 1996 - Industrial dispute - Project award - Distant worker's living away from home allowance - Failure to apply award - Determination made on evidence - Payment of allowance ordered. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Browne v Dunne (1894) 6 R 67 HEARING DATES: 11/29/2002; 12/09/2002; 02/04/2003; 02/05/2003; 03/06/2003; 03/07/2003 DATE OF JUDGMENT: 04/15/2003

APPLICANT Mr Patch of Counsel Instructed by Master Builders Association LEGAL REPRESENTATIVES: RESPONDENT Ms S Sullivan, CFMEU

JUDGMENT: 43

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Tuesday, 15 April 2003 Matter No IRC 5287 of 2002

Notification under s130 by john holland group pty ltd of a dispute with the Construction, Forestry, Mining and Energy Union (New South Wales Branch) re living away from home allowance DECISION [2003] NSWIRComm 113 1 The notification in this matter was filed on 17 September 2002 by the Master Builders Association of New South Wales (MBA) on behalf of its member, the John Holland Group Pty Ltd ("John Holland"). The notification advised of a dispute between with the Construction, Forestry, Mining and Energy Union (New South Wales Branch) ("the union") in the following terms: The dispute is in relation to alleged underpayments of Living Away from Home Allowance to employees of the Company engaged on the Mount Arthur North Mine Development Project ("the Site").