NSW Caselaw
Industrial Court of New South Wales
CITATION: Forno v Inghams Enterprises Pty Ltd [2010] NSWIRComm 189
Wayne Forno (on behalf of Lodala Pty Ltd) (First applicant) PARTIES: Wayne Forno (on behalf of Petchy's Transport Pty Ltd) (Second applicant) Wayne Forno (on behalf of Matmar Transport Pty Ltd) (Third applicant) Inghams Enterprises Pty Ltd (Respondent)
FILE NUMBER(S): IRC 1545; 1546; 1547 of 2009
CORAM: Marks J
CATCHWORDS: APPLICATION FOR RECOVERY OF MONEY – contract of carriage – claim for redundancy payments due under Redundancy Contract Determination – whether Redundancy Contact Determination intended to cover contracts of carriage not regulated by contract determination – schedule indicating redundancy provided for in items of remuneration under contract of carriage – items held to be part of an aggregate list unable to be 'unbundled' – whether previous deed of release precludes applicant from seeking monies – findings made as to redundancy entitlement – proceedings stood over to allow parties to agree on quantum of claim – costs – interest reserved
LEGISLATION CITED: Industrial Relations Act 1996 – s 365
Australia and New Zealand Banking Group Limited v Finance Sector Union of Australia [2001] FCA 1785; (2001) 111 IR 227 CASES CITED: Ray v Radano [1967] AR(NSW) 471 Re John Ubaldo Poletti v Ernest Ecob (No 2) [1989] 492; (1989) 31 IR 321 Transport Industry – Redundancy (State) Contract Determination [2007] NSWIRComm 183
HEARING DATES: 6 & 8 December 2010
DATE OF JUDGMENT: 17 December 2010
Mr S Bull (solicitor) (Applicant) Solicitor: Transport Workers' Union NSW LEGAL REPRESENTATIVES: Mr A Moses SC and Mr D Mahindra of counsel (Respondent) Solicitor: Thomson Playford Cutlers
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