Benchmark WA Industrial Relations Case Database

ishing and Allied Industries Industrial Union of Workers, W.A. and Bunnings Forest Products. No. CR 104 of 1994. COMMISSIONER A.R. BEECH. 10 June 1994. Order. HAVING heard Mr M. Lourey on behalf of the v Mr A.C. Tomlinson on behalf of the

(1994) 74 WAIG Single Commissioner (WAIRC) 1994-06-10 File: No. 36 of 1950
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APPLICANT: ishing and Allied Industries Industrial Union of Workers, W.A. and Bunnings Forest Products. No. CR 104 of 1994. COMMISSIONER A.R. BEECH. 10 June 1994. Order. HAVING heard Mr M. Lourey on behalf of the
RESPONDENT: Mr A.C. Tomlinson on behalf of the
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Concept tags · 4

[S]Unfair dismissal (WA) [S]Unfair dismissal (federal) [S]Wages — payment obligations [S]Reinstatement
Archived text (246 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Forest Products, Furnishing and Allied Industries Industrial Union of Workers, W.A. and Bunnings Forest Products. No. CR 104 of 1994. COMMISSIONER A.R. BEECH. 10 June 1994. Order. HAVING heard Mr M. Lourey on behalf of the Applicant and Mr A.C. Tomlinson on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby— A: Declares that the dismissal of Mr Roche by the respondent was harsh and unfair. B: Orders— (1) That Bunnings Forest Products shall forth- with offer Mr Kevin Roche a contract of employment as a log truck driver on the same terms and conditions as he had been em- ployed on the 15th March 1994. (2) That Bunnings Forest Products shall forth- with pay to Mr Kevin Roche a sum of money equal to the wages he would have earned between the date of dismissal and the date of reinstatement as if he had worked for that period less any other income received by him. (3) That for all purposes of the Timber Workers Award No. 36 of 1950 and the Bunnings Ltd (Enterprise Bargaining) Agreement No. Ag 11 of 1992 Mr Kevin Roche's employment be deemed continuous. (4) That liberty to apply is reserved to the parties in the event that they are unable to agree on the sum to be paid in accordance with order B(2) hereof. (Sgd.) A.R. BEECH, [L.S.] Commissioner.