Benchmark WA Industrial Relations Case Database

n; and WHEREAS the parties subsequently conferred and reached agreement

(1996) 76 WAIG 5034 Single Commissioner (WAIRC) 1996-11-29
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APPLICANT: n; and WHEREAS the parties subsequently conferred and reached agreement between them that the allowance for Stage 2 apply also to Stage 3 of the project; and HAVING heard Ms J Harrison on behalf of the
RESPONDENT: Mr K Richardson on behalf of the
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Concept tags · 5

[S]Genuine redundancy [S]Redundancy consultation obligations [S]Reasonable redeployment in redundancy [S]Employee v independent contractor [S]Reinstatement
Archived text (1194 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Western Australian Builders’ Labourers, Painters and Plasterers Union of Workers and Tony Villamagna. No. CR 237 of 1996. COMMISSIONER P.E. SCOTT. 29 November 1996. Order. WHEREAS the Commission published Reasons for Decision in this matter on the 25th day of October 1996, in respect of Stage 2 of the project’s construction; and WHEREAS the parties subsequently conferred and reached agreement between them that the allowance for Stage 2 apply also to Stage 3 of the project; and HAVING heard Ms J Harrison on behalf of the Applicant and Mr K Richardson on behalf of the Respondent; NOW THEREFORE the Commission, pursuant to the pow- ers conferred on it under the Industrial Relations Act, 1979, hereby orders: 1. That notwithstanding the provisions of the Building Trades (Construction) Award 1987 (No. R 14 of 1978) employees employed by Tony Villamagna, to WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 76 W.A.I.G. 5034 carry out work on Stages 2 and 3 at the Universal Constructions site located at Canningvale Prison shall be paid $1.20 per hour worked in lieu of and in substitution for all special rates and conditions de- scribed in Clause 9.—Special Rates and Provisions Subclause (1), excluding Subclause (gg) Bricklayer Operating Cutting Machine, of the Building Trades (Construction) Award 1987. 2. The abovementioned rate shall apply on and from the 2nd day of August 1996 until the conclusion of the project. (Sgd.) P.E. SCOTT, [L.S] Commissioner. CONFERENCES—Notation of— Parties Number— Date Matter Result Commissioner Association of Professional Western Power Fielding S.C. 19/11/96 Denial of Redundancy Concluded Engineers Corporation C348/1996 Australian Workers’ Gold Mines of Coolgardie and Fielding S.C. 01/08/96 Reinstatement Concluded Union Another C227/1996 and compensations Australian Workers’ St Barbara Mines Ltd Fielding S.C. 24/10/96 Union Discontinued Union C321/1996 Australian Workers’ Leighton Contractors Pty Ltd Gifford C. N/A Withdrawal of Concluded Union C274/1996 labour Automotive, Food, Metals, SWISPEC Pty Ltd and Others Coleman C. 22/11/96 Industrial disputation Concluded Engineering Printing and C362/1996 - picket lines Kindred Industries Union Automotive, Food, Metals, ANI Products (Hoskins Division) Fielding S.C. 18/09/96 Retrenchments Concluded Engineering Printing and C291/1996 Kindred Industries Union Automotive, Food, Metals, Bendigo Metals Fielding S.C. 05/08/96 Warning Letter Concluded Engineering Printing and C213/1996 Kindred Industries Union Automotive, Food, Metals, Clements Consulting Group Fielding S.C. 25/11/96 Wages Concluded Engineering Printing and C331/1996 Kindred Industries Union Automotive, Food, Metals, D & F Engineering (WA) Fielding S.C. N/A Reinstatement Discontinued Engineering Printing and C350/1996 Kindred Industries Union Automotive, Food, Metals, Fire Fighting Enterprising Fielding S.C. N/A Safety Net Concluded Engineering Printing and C271/1996 Adjustments Kindred Industries Union Automotive, Food, Metals, Leightons Contractors Pty Ltd Fielding S.C. N/A Demotion Concluded Engineering Printing and C3421/1996 Kindred Industries Union Automotive, Food, Metals, Newcrest Mining Ltd (Telfer) Fielding S.C. 29/10/96 Dispute re change Concluded Engineering Printing and C312/1996 of shift rosters Kindred Industries Union Automotive, Food, Metals, Simcoa Operations Pty Ltd Fielding S.C. 24/10/96 Denial of right of Concluded Engineering Printing and C318/1996 entry Kindred Industries Union Automotive, Food, Metals, United Construction Pty Ltd Fielding S.C. 16/09/96 Payment of travel Concluded Engineering Printing and C288/1996 24/09/96 allowance Kindred Industries Union Automotive, Food, Metals, United Construction Pty Ltd Gifford C. 30/06/96 Termination/ Concluded Engineering Printing and C251/1996 Redundancy Kindred Industries Union Payments Automotive, Food, Metals, Westralian Sands Ltd Gifford C. 06/15/96 Allocation of Concluded Engineering Printing and C128/1996 overtime Kindred Industries Union Automotive, Food, Metals, BHP Iron Ore Beech C. N/A Termination of Referred Engineering Printing and C263/1996 member Kindred Industries Union Builders’ Labourers, New Image Painting Scott C N/A Wages & conditions Concluded Painters and Plasterers & Decorating C304/1996 Union Builders’ Labourers, Concrete Contractors Scott C N/A Award entitlements Concluded Painters and Plasterers C162/1996 Union Builders’ Labourers, Leslie Concrete and Scott C N/A Site Allowance Concluded Painters and Plasterers Others C223/1996 Union Builders’ Labourers, Modern Ceilings Scott C N/A Access to time & Withdrawn Painters and Plasterers C338/1996 wages records Union Builders’ Labourers, Pinnacle Builders Scott C N/A Award entitlements Concluded Painters and Plasterers C343/1996 Union Builders’ Labourers, Tony Villimagna Scott C 10/9/96 Site Allowance Referred Painters and Plasterers C237/1996 Union Civil Service Association Ministry of Justice Beech C. 24/9/96 Return to substantive Concluded PSAC46/1996 position Civil Service Association WA Department of Training Beech C. 04/12/96 Christmas shutdown & Discontinued PSAC68/1996 staff directed to take annual leave Civil Service Association Homeswest Gifford C. N/A Enterprise Bargaining Discontinued PSACR17/1996 Agreement WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 5035 76 W.A.I.G. Parties Number— Date Matter Result Commissioner Communications, Electrical Peters and Brownes Group Fielding S.C. 27/09/96 Alteration of work Concluded Electronics, Energy Limited C292/1996 cycles Information, Postal, Plumbing, and Allied Workers Union Communications, Electrical Ralph M Lee Fielding S.C. 4/11/96 Strike action Concluded Electronics, Energy C337/1996 Information, Postal, Plumbing, and Allied Workers Union Communications, Electrical ABB Power Transmission Gifford C. 10/04/96 Smoko Breaks Concluded Electronics, Energy and Distribution C87/1996 Information, Postal, Plumbing, and Allied Workers Union Communications, Electrical Co-Operative Bulk Handling Gifford C 10/07/96 Terminations Concluded Electronics, Energy C206/1996 12/07/96 Information, Postal, 15/07/96 Plumbing, and Allied 17/07/96 Workers Union 19/07/96 22/07/96 08/08/96 16/08/96 20/08/96 30/08/96 Independent Schools Perth Waldorf School Beech C. 31/10/96 Dismissal Concluded Salaried Officers’ C326/1996 Association Liquor, Hospitality and Delron Cleaning Pty Ltd Beech C. 16/09/96 Transfer of employee Concluded Miscellaneous Workers’ C287/1996 20/09/96 Union Liquor, Hospitality and Delron Cleaning Services Fielding S.C. 31/07/96 Terms and conditions Concluded Miscellaneous Workers’ Pty Ltd C226/1996 of employment Union Liquor, Hospitality and Wormald Security Fielding S.C. 25/07/96 Site conditions and Concluded Miscellaneous Workers’ C218/1996 allowances Union Liquor, Hospitality and Il Fuime Restaurant Beech C. 17/10/96 Termination Concluded Miscellaneous Workers’ C313/1996 Union Liquor, Hospitality and Honorary Minister for Gifford C. 01/08/96 EBA negotiations/ Concluded Miscellaneous Workers’ Education C231/1996 09/08/96 work bans Union 13/08/96 05/09/96 06/09/96 10/09/96 17/09/96 Liquor, Hospitality and Mirrabooka Cafe Gifford C. N/A Non payment of Discontinued Miscellaneous Workers’ C294/1996 wages Union Liquor, Hospitality and SCM Chemicals Ltd Gifford C. 21/02/96 Training Leave Concluded Miscellaneous Workers’ C15/1996 27/03/96 Union and Others Liquor, Hospitality and Vernon’s Patisserie Gifford C. 03/05/96 Underpayment of Concluded Miscellaneous Workers’ C118/1996 wages Union Liquor, Hospitality and Fremantle Hospital Gregor C. 21/11/96 Unfair Dismissal Referred Miscellaneous Workers’ C352/1996 Union Liquor, Hospitality and Esperance Shire Council Scott C. N/A Alleged unfair Discontinued Miscellaneous Workers’ C323/1996 dismissal Union Meat Employees Union Meat and Allied Trades Beech C. N/A Dispute over EBA Concluded Federation C220/1996 Municipal, Administrative, J G Windows Scott C 03/09/96 Dismissal Concluded Clerical and Services Union C238/1996 Plumbers and Gasfitters Burswood Resort Casino Gifford C. 18/10/96 Right of Entry Referred Employees’ Union C316/1996 and Another Plumbers and Gasfitters Burswood Resort Casino Gifford C. 03/12/96 Right of Entry Discontinued Employees’ Union CR316/1996 and Another Plumbers and Gasfitters Burswood Resort Casino Gifford C. 04/10/96 Right of entry/ Concluded Employees’ Union C299/1996 18/10/96 union access Prison Officers’ Union Hon Attorney General Gregor C 25/11/96 HIV risk management Referred C330/1996 in prisons Railways Union West Australian Scott C. 30/07/96 Severance Payment Dismissed Government Railway C212/1996 21/10/96 Commission Transport Workers’ Camrun Pty Ltd t/a Gregor C N/A Termination of Discontinued Union R Singleton Transport C345/1996 M Sutton Union of Australian Edith Cowan University Beech C. 25/07/96 Breach of contract Concluded College Academics C207/1996 29/08/96 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 76 W.A.I.G. 5036 CORRECTIONS—