Mr247 Plumbing Pty Ltd v Daniel Buddee [2015] NSWIC 4

Industrial Court New South Wales

Medium Neutral Citation: Mr247 Plumbing Pty Ltd v Daniel Buddee [2015] NSWIC 4 Hearing dates: 16 February 2015 Date of orders: 05 March 2015 Decision date: 05 March 2015 Before: Kite AJ Decision: The appeal is dismissed.

Parties have liberty to apply within seven days from the date of this judgment should either party seek to apply in respect of costs. Catchwords: APPEAL – Appeal from Local Court pursuant to s 197(1)(a) of Industrial Relations Act 1996 – Appeal from decision and orders at first instance by Acting Chief Industrial Magistrate – Unpaid entitlements under Fair Work Act 2009 (Cth) – JURISDICTION – Section 197 of Industrial Relations Act 1996 will not support appeal of an order unless classified as an order by or under Industrial Relations Act 1996 – Chief Industrial Magistrate sits as a court within meaning of s 565 of Fair Work Act 2009 – Section 197 of Industrial Relations Act 1996 does not provide for appeal from Chief Industrial Magistrate's Court for purpose of s 565(1A) of Fair Work Act 2009 – Appeal dismissed Legislation Cited: Fair Work Act 2009 (Cth) Industrial Relations Act 1988 (Cth) (superseded) Industrial Relations Act 1991 (superseded) Industrial Relations Act 1996 Industrial Relations Amendment (Industrial Court) Act 2013 Industrial Relations (Commonwealth Powers) Act 2009 Interpretation Act 1987 Plumbing and Fire Sprinklers Award 2010 Workplace Relations Act 1996 (Cth) (superceded) Cases Cited: Construction, Forestry, Mining and Energy Union v Ulan Coal Mines Ltd [2009] FCA 326; (2009) 183 IR 74 Western Newspapers v Warren (1994) 1 IRCR 393; (1994) 56 IR 340 Category: Principal judgment Parties: Mr247 Plumbing Pty Ltd (Appellant) Daniel Buddee (Respondent) File Number(s): IRC 735 of 2014 Decision under appeal Court or tribunal: Local Court of NSW Jurisdiction: Chief Industrial Magistrate's Court Date of Decision: 22 September 2014 Before: Pierce CIM File Number(s): CIM 158766 of 2014