ALHMWU New South Wales Branch (o-b Malcolm Koopman) v Tasman Insulation Australia Pty Ltd [2006] NSWIRComm 1046

Industrial Relations Commission of New South Wales

CITATION: ALHMWU New South Wales Branch (o-b Malcolm Koopman) v Tasman Insulation Australia Pty Ltd [2006] NSWIRComm 1046

APPLICANT ALHMWU (o/b Malcolm Koopman) PARTIES: RESPONDENT Tasman Insulation Australia Pty Ltd

FILE NUMBER(S): 2984 of 2005

CORAM: Macdonald C

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union v Gartrell White (No 3) (1990) 35 IR 70

HEARING DATES: 05/12/05, 06/12/05

DATE OF JUDGMENT: 05/04/2006

APPLICANT Mr M Vance (union official) LEGAL REPRESENTATIVES: RESPONDENT Mr A Price (Industrial Advocate)

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: COMMISSIONER MACDONALD

4 May 2006

Matter No IRC 2984 of 2005

Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch (on behalf of Malcolm Koopman) and Tasman Insulation Australia Pty Ltd

Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch on behalf of its member Malcolm Koopman re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION

[2006] NSWIRComm 1046

1 The Commission has before it an application by Malcolm Koopman ("the Applicant") for unfair dismissal against Tasman Insulation Australia Pty Ltd ("the Respondent") pursuant to section 84 of the Industrial Relations Act 1996 ("the Act").