NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Notification under s. 130 by the AFMEPKIU NSW Branch of a dispute with EnergyAustralia re alleged non payment of skills retention allowance [2008] NSWIRComm 114
NOTIFIER PARTIES: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch RESPONDENT EnergyAustralia
FILE NUMBER(S): IRC 2127 of 2007
CORAM: Harrison DP
CATCHWORDS: Notification of industrial dispute - Section 146A Agreement - Section 379 Small Claim application - agreement re contracting of work - inclusion of an additional party to agreement refused - industrial rights of applicants not affected by contracting out agreement - Memorandum of Understanding (MoU) on contracting of capital works - mutual obligations in MoU - question of skills retention allowance in industrial agreement. Held - no offer made - application refused.
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Emwest Products Pty Ltd (t/as Email Metering) v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2002] FCA 61 National Fleet Network Pty Ltd v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2005] FCA 917
HEARING DATES: 6 May 2008
DATE OF JUDGMENT: 1 July 2008
NOTIFIER Mr A Walkaden
LEGAL REPRESENTATIVES: RESPONDENT Mr S Meehan of Counsel Solicitor Ms K Halpin Minter Ellison
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