Notification under s130 by NSW/ACT Independent Education Union and another of a dispute with Yeshiva College Limited re payment of compulsory superannuation contributions and other matters [2003] NSWIRComm 313

Notification under s130 by NSW/ACT Independent Education Union and another of a dispute with Yeshiva College Limited re payment of compulsory superannuation contributions and other matters [2003] NSWIRComm 313

Given the material before the Commission evidencing non-payment of superannuation and salaries, and absence of opposition from the Administrator, it was appropriate to make orders under sections 368 and 379 of the Industrial Relations Act 1996 to strengthen the employees’ claims.

Jurisdiction
Australia
Judgment Date
19 September 2003
Procedural Posture
Industrial Dispute / Decision and Orders Granted
Outcome
Orders granted. Matters discontinued by leave after notices of discontinuance filed by the Unions.
Legal Topics
['non Payment of Superannuation' 'non Payment of Salaries' 'employee Entitlements' 'industrial Disputes' 'company Under Administration']
['industrial Law'] ['non Payment of Superannuation' 'non Payment of Salaries' 'employee Entitlements' 'industrial Disputes' 'company Under Administration']

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Procedural Posture

Industrial Dispute / Decision and Orders Granted

Legal Issues

  1. 1 ['Whether Yeshiva College failed to pay compulsory superannuation contributions for employees' 'Whether Yeshiva College failed to pay salaries to teachers and non-teaching staff' 'Appropriateness of making orders under ss368 and 379 of the Industrial Relations Act 1996 in relation to the employees’ claims']

Ratio Decidendi

Given the material before the Commission evidencing non-payment of superannuation and salaries, and absence of opposition from the Administrator, it was appropriate to make orders under sections 368 and 379 of the Industrial Relations Act 1996 to strengthen the employees’ claims.

Court Disposition

Orders granted. Matters discontinued by leave after notices of discontinuance filed by the Unions.

Orders

  • ['Orders made under ss368 and 379 of the Industrial Relations Act 1996 in terms of the schedules tendered by applicant unions, effective for six months.' "Matters IRC3672 and 4481 of 2003 discontinued by leave, pursuant to r 138(2) of the Commission's Rules."]