Nikolaus Beattie & Ors v Commonwealth Bank of Australia [2006] NSWIRComm 238

Industrial Court of New South Wales

CITATION: Nikolaus Beattie & Ors v Commonwealth Bank of Australia [2006] NSWIRComm 238

FIRST APPLICANT Nikolaus Beattie (Secretary) Finance Sector Union of Australia, Commonwealth Bank Officers Section, NSW Branch

SECOND APPLICANT David Robson

THIRD APPLICANT PARTIES: Karen Harris

FOURTH APPLICANT Wayne Purcell

FIFTH APPLICANT Tony Sunderland

RESPONDENT Commonwealth Bank of Australia

FILE NUMBER(S): IRC 1605 and 2258 of 2006

CORAM: Boland J

Declarations - Applications for declaratory relief under s 154 of Industrial Relations Act 1996 - Orders sought to the effect that periods of service with predecessor employers be taken into account by the employer for the purpose of calculating long service leave entitlements - Notices of motion seeking dismissal or permanent stay of proceedings on the grounds that the applicants' employment was governed by an award of the Australian Industrial Relations Commission and therefore the Industrial Court of New South Wales had no jurisdiction to hear and determine the applications - Whether the applications disclosed matters within the Court's jurisdiction - Principles governing strike out motions - Whether federal award had application at the time of the relevant transmission of business - What constitutes an unbroken contract of employment - Whether provisions of Long Service Leave Act 1955 (NSW) inconsistent with provisions of the federal award - Motions dismissed - Costs reserved