Notaras v Knight [2012] NSWIRComm 69

Industrial Relations Commission New South Wales Medium Neutral Citation: Notaras v Knight [2012] NSWIRComm 69 Hearing dates: 28 May 2012; 12 June 2012; 22 June 2012 Decision date: 04 July 2012 Jurisdiction: Industrial Court of NSW Before: Walton J, Vice President, Haylen J Backman J Decision: (a)leave to appeal on all grounds is refused; (b)the stay of the orders of his Honour the Chief Industrial Magistrate Hart is dissolved. (c)the amount of $36,709.15 paid into Court is released to the respondent or her authorised representative; (d)the applicant for leave to appeal is to pay the appeal costs of the respondent as agreed or assessed but excluding the costs orders of the President where the parties have reached an agreement. Catchwords: APPEAL - Industrial Relations Act 1996 - s 197, s 365 - claims of underpayment of award provisions and breach of Long Service Leave Act 1995 - alleged denial of procedural fairness in refusing adjournment - decision and orders made by CIM reasonably open on evidence - leave to appeal refused Legislation Cited: Entertainment and Broadcasting Industry - Cinema (State) Award Fair Work (Transitional and Consequential Amendments) Act 2009 Fair Work Act 2009 Industrial Relations Acts 1996 Long Service Leave Act 1955 The Broadcasting and Recorded Entertainment Award 2010 Cases Cited: Federated Clerks Union of Australia WA Branch v Cary (1977) WAIG 585. Merchant Service Guild of Australia v J Fenwich and Co Pty Ltd (1973) LB Current Review 5 Stead v State Government Insurance Office (1986) 161 CLR 141 Ware v O'Donnell Griffin (Television Services) Pty Ltd [1971] AR (NSW) 18 Category: Principal judgment Parties: Irene Notaras (Appellant) Stephanie Knight (Respondent) Representation: C Magee of counsel (Appellant) Ms K Nomchong of counsel (Respondent) Segal & Associates, Solicitors (Appellant) File Number(s): IRC 1725 of 2011 Decision under appeal Citation: Stephanie Knight v Irene Notaras Before: Chief Industrial Magistrate File Number(s): CIM 88537 of 2008