NSW Caselaw
Industrial Court of New South Wales
CITATION: Butlers Hire Pty Ltd v Collison (No 2) [2007] NSWIRComm 312 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPELLANT: Butlers Hire Pty Ltd PARTIES: RESPONDENT: Russell Kerry Collison
FILE NUMBER(S): IRC 2050 of 2007
CORAM: Wright J President; Walton J Vice-President; Staff J
CATCHWORDS: Appeal - Leave to appeal - Proceedings for recovery of award and long service leave payments - Failure of CIM to comply with requirements of s 371 of Industrial Relations Act - Agreement between the parties - Remitter of proceedings - Death of worker in whose favour proceedings before CIM had been determined - Worker had given evidence in CIM proceedings - Whether appropriate to give direction pursuant to s 197(4) as to such evidence - Direction made - Order also made as to conciliation pursuant to s 371.
LEGISLATION CITED: Evidence Act 1995 s 63 Industrial Relations Act 1996 s 197, 371
Bilal (t/as The Hornsby Medical Centre) v Marshall (2006) 158 IR 269 Butlers Hire Pty Ltd v Collison [2007] NSWIRComm 288 Russell Kerry Collison v Butlers Hire Pty Ltd (unreported, 20 August 2007, Chief Industrial Magistrate Hart) CASES CITED: Faber v Greyhound & Harness Racing Regulatory Authority of New South Wales [2007] NSWIRComm 207 Palimex & Co Pty Ltd v Rodriguez [2007] NSWIRComm 269 SSWAHS v Kim and others [2007] NSWIRComm 241 Yetzotis v Crown in the Right of State of New South Wales (Commissioner of Corrective Services) (2005) 147 IR 50
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