CFMEU v Taylor and Grady Interiors [2005] NSWIRComm 1216

Industrial Relations Commission of New South Wales

CITATION: CFMEU v Taylor and Grady Interiors [2005] NSWIRComm 1216

APPLICANT: CFMEU PARTIES: RESPONDENT: Taylor and Grady Interiors

FILE NUMBER(S): 4416 of 2005

CORAM: Ritchie C

Dispute re failure to produce time and wages record,suspected breaches of award and underpayment of wages, failure of employer to meet with union official. Several compulsory conferences held ,dispute not resolved,Notice of Attempted Conciliation raised. Failure of respondent to appear at arbitration,matter proceeded ex-parte. CATCHWORDS: Member of Union gave evidence of failure of respondent to pay in accordance with the award. IRC found based on evidence that respondent had not paid in accordance with the award. Order made in favour of the union member.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 11/09/2005

DATE OF JUDGMENT: 12/07/2005

Ms. K. McWhinney of the CFMEU LEGAL REPRESENTATIVES: No appearance

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: Ritchie C.

7 December 2005

Matter No IRC 4416 of 2005

IN THE MATTER OF : Notification under section 130 by Construction, Forestry, Mining and Energy Union(New South Wales Branch) of a dispute with K. Grady and T, Taylor trading as Taylor and Grady Interiors re suspected award breaches.

DECISION

[2005] NSWIRComm 1216

1 On 23 August 2005 the Construction, Forestry, Mining and Energy Union (New South Wales Branch)(The Union) filed a dispute under s. 130 of the Industrial Relations Act 1996. The dispute notification was expressed in the following form: