NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union -v- Linfox Armaguard [2006] NSWIRComm 1001
NOTIFIER PARTIES: Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union RESPONDENT Linfox Armaguard Pty Ltd
FILE NUMBER(S): 6622 of 2004
CORAM: Cambridge C
CATCHWORDS: Industrial dispute - stand down - casual employees - interpretation of industrial instrument - insufficient and conflicting evidence - no clear right to stand down - no work no pay - held that employees where not engaged on a casual basis - Award breach - orders made for payment to employees - amounts ordered established upon equity and good conscience.
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Ryde-Eastwood Leagues Club Limited v. Taylor, Full Commission of Industrial Relations Commission of New South Wales, [Bauer and Hungerford JJ, Murphy CC], 56IR at 385.
HEARING DATES: 11/11/2005
DATE OF JUDGMENT: 01/23/2006
NOTIFIER Mr H Mette LEGAL REPRESENTATIVES: RESPONDENT Mr R Krajewski
DECISION: - 1 -
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
COMMISSIONER CAMBRIDGE
23 January 2006
Matter No IRC 6622 of 2004
Notification under section 130 by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union of a dispute with Linfox Armaguard re casual employees stood down.
DECISION
[2006] NSWIRComm 1001
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