Danks v. Anndak Formwork Pty Limited [2008] NSWIRComm 1029

Industrial Relations Commission of New South Wales

CITATION: Danks v. Anndak Formwork Pty Limited [2008] NSWIRComm 1029

APPLICANT Construction, Forestry, Mining and Energy Union PARTIES: RESPONDENT Anndak Formwork Pty Limited

FILE NUMBER(S): IRC 224 of 2008

CORAM: Connor C

CATCHWORDS: claim of victimisation of apprentice - building industry - an agreement reached in principle - deed of release completed - failure to comply with the terms of the deed of release by employer - failure to appear in proceedings - ex parte proceedings - superannuation and redundancy pay not paid - orders made

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: Dima Homes Case (1989) 5 AILR Rep.4

HEARING DATES: 03/04/2008

EXTEMPORE JUDGMENT DATE : 3 April 2008

APPLICANT Leah Charlson Construction, Forestry, Mining and Energy Union LEGAL REPRESENTATIVES:

RESPONDENT no appearance

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Thursday, 3 April, 2008

Matter No IRC 224 of 2008

Shane Danks and Anndak Formwork Pty Limited

Application under S.213 of the Industrial Relations Act, 1996 by the Construction, Forestry, Mining and Energy Union

DECISION

[2008] NSWIRComm 1029

1 The Construction, Forestry, Mining and Energy Union lodged an application under S.213 of the 1996 Industrial Relations Act for and on behalf of its member, Mr Shane Danks, who was engaged as an indentured apprentice with Anndak Formwork Pty Limited from Monday, 20 February, 2006 to Friday, 15 February, 2008. He ceased working for Anndak at that time and the CFMEU alleges that the reason his services were terminated was his joining the CFMEU and complaining over underpayments of entitlements. The matter was allocated to me and it was the subject of a preliminary hearing before me on Monday, 17 March, 2008.