Benchmark WA Industrial Relations Case Database

n, West Australian Branch, Industrial Union of Workers and Leighton Contractors Pty Ltd. No. CR 303 of 1993. COMMISSIONER J.F. GREGOR. 26 November 1993. Order. HAVING heard Mr S. Booth on behalf of the v Mr R.H. Gifford on behalf of the

(1993) 73 WAIG Single Commissioner (WAIRC) 1993-11-26
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APPLICANT: n, West Australian Branch, Industrial Union of Workers and Leighton Contractors Pty Ltd. No. CR 303 of 1993. COMMISSIONER J.F. GREGOR. 26 November 1993. Order. HAVING heard Mr S. Booth on behalf of the
RESPONDENT: Mr R.H. Gifford on behalf of the
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Concept tags · 1

[S]Employee v independent contractor
Archived text (248 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Workers' Union, West Australian Branch, Industrial Union of Workers and Leighton Contractors Pty Ltd. No. CR 303 of 1993. COMMISSIONER J.F. GREGOR. 26 November 1993. Order. HAVING heard Mr S. Booth on behalf of the Applicant and Mr R.H. Gifford on behalf of the Respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— That an employee may return to Perth after seven weeks continuous service on site and shall in such circumstances be entitled to two days' leave with pay in addition to the weekend. Thereafter the employee may return to Perth after each further period of seven weeks continuous service on site and in each case he/she be entitled to two days' leave of which one day shall be paid leave. Payment for leave and reimbursement for any economy airfare paid by the employee shall be made at the completion of the first pay period commencing on or after the date of return to the job. In special circumstances, and by agreement with the employer, the entitlement conferred by this Order may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee's accrual entitlements. There shall be no entitlement to either the fares or leave with pay as provided for in this Order unless the rest and recreation leave conferred is taken by the employee. (Sgd.) J.F. GREGOR, [L.S.] Commissioner.