Australian Workers Union v. Australian Steel Mill Services Pty [2009] NSWIRComm 1042
The Commission found that no instrument provided a basis for the claim for additional payment or overtime for Mr Smith's work on Tuesday, 23 December, 2008, and thus the small claims procedure could not be invoked. The matter was resolved on the basis that ASMS agreed to a modest payment and the notification was dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 31 July 2009
- Procedural Posture
- Industrial Dispute / Decision After Conciliation and Arbitration
- Outcome
- Notification dismissed.
- Legal Topics
- ['shift Pattern Change' 'underpayment of Wages' 'small Claims Jurisdiction' 'jurisdictional Conflict Between State and Federal Awards']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Industrial Dispute / Decision After Conciliation and Arbitration
Legal Issues
- 1 ['Whether Mr Smith was entitled to additional payment or overtime penalties for working days that were formerly rostered days off after a change in shift pattern' 'Whether the small claims jurisdiction under Ss.379 and 380 applies to the claim in circumstances where there is no instrument providing entitlement']
Ratio Decidendi
The Commission found that no instrument provided a basis for the claim for additional payment or overtime for Mr Smith's work on Tuesday, 23 December, 2008, and thus the small claims procedure could not be invoked. The matter was resolved on the basis that ASMS agreed to a modest payment and the notification was dismissed.
Court Disposition
Notification dismissed.
Orders
- ['S.130 notification by the AWU is dismissed.']
Full Case Text
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