Australian Salaried Officers' Federation (New South Wales) (on behalf of Hall) and South Western Sydney Area Health Service (No 3) [2008] NSWIRComm 190

Industrial Relations Commission of New South Wales

CITATION: Australian Salaried Officers' Federation (New South Wales) (on behalf of Hall) and South Western Sydney Area Health Service (No 3) [2008] NSWIRComm 190

PARTIES: APPLICANT Australian Salaried Medical Officers' Federation (New South Wales) (on behalf of Bruce Hall) and South Western Sydney Area Health Service

FILE NUMBER(S): IRC 1427 of 2005

CORAM: Staff J

CATCHWORDS: Termination of emplyoment - Unfair dismissal - "Remuneration" - Whether provision of a secretary, research assistant, laboratory, right to private practice and private use of motor vehicle part of applicant's remuneration for the purposes of s 89(3) of the Industrial Relations Act - Whether contractual entitlement to receive monetary cost of contested sources of remuneration - Held - Monetary cost of providing research assistance, secretary, laboratory equipment and animal house did not form part of applicant's remuneration - Industrial Relations Act s 89

LEGISLATION CITED: Industrial Relations Act 1996

Ardino v Count Financial Group Pty Ltd (1994) 126 ALR 49 Austek Pty Ltd v Atsalos (2003) 128 IR 141 Australian Salaried Medical Officers' Federation (New South Australian Salaried Medical Officers' Federation (New South Wales) (on behalf of Bruce Hall) v South Western Sydney Area Health Service [2006] NSWIRComm 101 Australian Salaried Medical Officers' Federation (New South Wales) (on behalf of Hall) v Sydney South West Area Health Service (No 2) (2007) 166 IR 320 Blackadder v Ramsey Butchering Services Pty Ltd (2005) 221 CLR 539 Kagan v Primus Telecommunications (Aust) Pty Ltd (No2) [2000] NSWIRComm 185 CASES CITED: Langston v Amalgamated Union of Engineering Workers (No. 2) [1974] ICR 510 Lozevski v Goodman Fielder Consumer Foods Pty Ltd (2004) 144 IR 28 McBlane v National Transport Insurance Ltd (1997) 77 IR 185 Ole Hostrup v Monroe Springs (Aust) Pty Ltd [1998] NSWIRComm 608 R v The Postmaster General (1875-76) LR 1 QBD 658[1876] QB 658 Shead v Summit Western Pty Ltd t/a Blacktown Mitsubishi (1998) 81 IR 347 United Services Union (on behalf of Geoffrey Taylor) and MM Kembla Products [2005] NSWIRComm 223 William Hill Organisation Ltd v Tucker [1999] ICR 291