Sydney Water Corporation v The Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch) [2010] NSWIRComm 158

Industrial Relations Commission of New South Wales

CITATION: Sydney Water Corporation v The Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch) [2010] NSWIRComm 158

PARTIES: Sydney Water Corporation (Appellant) The Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch) (Respondent)

FILE NUMBER(S): IRC 29 of 2010

CORAM: Boland J President; Walton J Vice-President; Grayson DP

CATCHWORDS: APPEAL - Award - Interpretation of Award - Held at first instance that members of the respondent were entitled to fares allowance - Contended by appellant on appeal that employees were working at a recognised office or depot and no entitlement arose in respect of fares - Contended by respondent on appeal that employees' place of work was temporary construction site accommodation erected on a construction site for the exclusive use of a construction workforce thus giving rise to an entitlement to a fares allowance under the Award - Meaning of temporary construction site accommodation - Meaning of erected on a construction site - Meaning of exclusive use of a construction workforce - Leave to appeal granted - Appeal dismissed

LEGISLATION CITED: Industrial Relations Act 1996 s 146A s 146B s 188

Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch) and Sydney Water re payment of fares allowance [2009] NSWIRComm 1098 CASES CITED: Director of Public Employment (by her agent the Commissioner of NSW Fire Brigades) v New South Wales Fire Brigades Employees' Union [2008] NSWIRComm 158; (2008) 180 IR 170 Zoological Parks Board of New South Wales v Australian Workers Union [2004] NSWIRComm 85; (2004) 135 IR 56