ALHMWU v Quality Bakers [2004] NSWIRComm 113

Industrial Relations Commission of New South Wales

CITATION : ALHMWU v Quality Bakers [2004] NSWIRComm 113 APPLICANT Australian Liquor, Hospitatlity and Miscellaneous Workers Union, New South Wales Branch PARTIES : RESPONDENT Quality Bakers Australia Limited FILE NUMBER: 571 of 2003 CORAM: Marks J CATCHWORDS : Award application - bread vendors - respondent implemented corporate entity system to deliver bread - whether Commission within jurisdiction to make award binding on respondent extending to employees of corporate entity - statutory interpretation of definition of "employee" - review of legislation amendments providing for deemed employment - construction and purpose of "deemed employee" - whether award application beyond union power - eligibility rule considered - whether proposed award beyond scope of "industrial matters" - Commission possesses jurisdiction and power to make award. Annual Holidays Act Industrial Arbitration Act 1940 Industrial Arbitration (Amendment) Act 1943 LEGISLATION CITED : Industrial Arbitration (Amendment) Act 1957 Industrial Relations Act 1996 Long Service Leave Act Workers' Compensation Act Bread Carters Award HEARING DATES: 04/21/2004 DATE OF JUDGMENT: 05/14/2004

APPLICANT Mr J W Nolan of Counsel Solicitor: Mr J Lloyd Australian Liquour, Hospitatlity and Miscellaneous Workers Union, New South Wales Branch LEGAL REPRESENTATIVES: RESPONDENT Mr S B Benson of Counsel Solicitor: Mr D Lloyd Blake Dawson Waldron