NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: National Union of Workers v United FM Pty Ltd trading as United KFPW [2006] NSWIRComm 1112
APPLICANT (on the dispute notification) National Union of Workers PARTIES: RESPONDENT (on the dispute notification) United FM Pty Ltd trading as United KFPW
FILE NUMBER(S): 4444 of 2005
CORAM: McKenna C
CATCHWORDS: Industrial dispute – redundancy payments – claim for exemption from, or reduction in, award-based scale of redundancy payments on bases of contentions: (1) there were no redundancies involved (2) the employer obtained suitable alternative employment for employees (3) there was a statutory transfer of entitlements – claim for relief successful in part – claim for relief from making payment otherwise dismissed – leave to address on form of orders
Annual Holidays Act 1944 LEGISLATION CITED: Industrial Relations Act 1996 ss101-105, s127, s130, s173, s406, Industrial Relations Act 1991 s86 Long Service Leave Act 1955 Storeman and Packers (General) (State) Award 317 IG 1097 cl34
Amcor Ltd v Construction Forestry, Mining and Energy Union and ors (2005) 214 ALR 56 Australian Workers' Union v Great Lakes Community Resources t/as Resource Recovery [2004] NSW IRComm 327 Derole Nominees Pty Ltd (Print J4414) Gribbles Radiology Pty Ltd v Health Services Union of Australia (2005) 214 ALR 24 Metal Trades Employers Association v Amalgamated Engineering Union (1935) 54 CLR 387 CASES CITED: R v Industrial Commission of South Australia; Ex parte Adelaide Milk Supply Co-op Ltd (1977) 16 SASR 6 Re Clerks (State) Award and Other Awards (1987) 21 IR 29 Re Government Cleaning Service (Privatisation) Award (No 2) (1994) 55 IR 199 Re Government Cleaning Service (No 3) (1995) 59 IR 348 Re Nurseries Employees State Award (Renaissance Herbs and AWU re application for exemption from redundancy payments) (unrept; IRC03/4233; 3 October 2003; McKenna C) Rocla, Adelaide Brighton and Transport Workers' Union Interim Award (unrept; IRC2003/3780, 30 July 2003; McKenna C) PP Consultants Pty Ltd v Finance Sector Union (2005) 214 ALR 24
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