Construction, Forestry, Mining and Energy Union NSW Branch (o/b M Blundell) and Hunter Quarries Pty Ltd [2004] NSWIRComm 121

Construction, Forestry, Mining and Energy Union NSW Branch (o/b M Blundell) and Hunter Quarries Pty Ltd [2004] NSWIRComm 121

The evidence established that the termination of Mr Blundell's employment was due to genuine redundancy following removal of plant by Daracon Pty Ltd, not victimisation for union or wage claim activity. However, Mr Blundell was entitled to be classified and paid as Quarry Worker Level 5 for his period of employment, entitling him to an underpayment remedy of $931.80.

Parties
Applicant: Construction, Forestry, Mining and Energy Union NSW Branch; Respondent: Hunter Quarries Pty Ltd
Jurisdiction
Australia
Judgment Date
18 May 2004
Procedural Posture
Application for Relief From Victimisation and Small Claim for Underpayment of Wages / Final Judgment
Outcome
Application for victimisation refused; order for payment of underpaid wages allowed.
Legal Topics
Victimisation, Redundancy, Underpayment of Wages, Classification Under Industrial Award
Industrial Law Victimisation Redundancy Underpayment of Wages Classification Under Industrial Award

Case Brief

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Parties

Construction, Forestry, Mining and Energy Union NSW Branch

Applicant

Hunter Quarries Pty Ltd

Respondent

Procedural Posture

Application for Relief From Victimisation and Small Claim for Underpayment of Wages / Final Judgment

Legal Issues

  1. 1 Whether termination of Mr Blundell's employment constituted victimisation under s213 of the Industrial Relations Act 1996
  2. 2 Whether Mr Blundell was underpaid wages in breach of the Quarries &c. (State) Award

Ratio Decidendi

The evidence established that the termination of Mr Blundell's employment was due to genuine redundancy following removal of plant by Daracon Pty Ltd, not victimisation for union or wage claim activity. However, Mr Blundell was entitled to be classified and paid as Quarry Worker Level 5 for his period of employment, entitling him to an underpayment remedy of $931.80.

Court Disposition

Application for victimisation refused; order for payment of underpaid wages allowed.

Orders

  • Hunter Quarries Pty Ltd ordered to pay Mr Mark Blundell $931.80 within 14 days of the date of the decision.