op, Distributive and Allied Employees' Association of W.A. and Coles Supermarkets No. CR 411 of 1992. COMMISSIONER O. K. SALMON. 22 September 1992. Order. HAVING heard Mr J. W. Bullock on behalf of the v Ms R. Dight and later Mr B. Jones on behalf of the
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APPLICANT: op, Distributive and Allied Employees' Association of W.A. and Coles Supermarkets No. CR 411 of 1992. COMMISSIONER O. K. SALMON. 22 September 1992. Order. HAVING heard Mr J. W. Bullock on behalf of the
RESPONDENT: Ms R. Dight and later Mr B. Jones on behalf of the
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Concept tags · 9
[P]Public Service Appeal Board appeal (historical)
[P]Public sector matter (general WAIRC jurisdiction post-PSAB)
[S]Unfair dismissal (WA)
[S]Unfair dismissal (federal)
[S]Genuine redundancy
[S]Redundancy consultation obligations
[S]Reasonable redeployment in redundancy
[S]Employee v independent contractor
[S]Reinstatement
Archived text (1419 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Shop, Distributive and Allied Employees' Association of W.A. and Coles Supermarkets No. CR 411 of 1992. COMMISSIONER O. K. SALMON. 22 September 1992. Order. HAVING heard Mr J. W. Bullock on behalf of the Applicant and Ms R. Dight and later Mr B. Jones on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 hereby orders— 1. That Coles Supermarkets shall, offer Jodie Marie Jones a contract of service as a full-time shop assistant at its Rockingham store commencing Monday, 21 Sep- tember 1992. 2. That Jodie Marie Jones be deemed to have been continuously employed with Coles Supermarkets from 5 June 1992 to 21 September and shall be allowed all rights and benefits that would have been due to her had she remained in employment according to her previous contract of service. (Sgd.) O. K. SALMON. [L.S.] Commissioner. CONFERENCES—Notation of— Number— Date Matter Result Commissioner Association of Draughting, Krondor Pty Ltd trustee C 454/1992 N/A Apprenticeship Concluded Supervisory and Technical for the Fumess Trust t/a -Kennedy C. Agreement Employees ERC Communications Australasian Meat Industry Elgin Abattoirs C 698/1992 N/A Entitlements— Concluded Employees' Union -HalliweU S.C. Redundancy Payments Australian Workers Union Sage Holdings Pty Ltd CR 342/1992 03/08/92 Dismissal Concluded -George C. Australian Workers Union Sage Holdings Pty Ltd C 342/1992 17/06/92 Dismissal Referred -George C. Australian Workers Union The Humphries Group CR 457/1992 05/08/92 Dismissal Withdrawn -Gregor C. Australian Workers Union Barminco Pty Ltd CR 414/1992 07/07/92 Reinstatement Withdrawn -Gregor C. Builders Labourers Consolidated Construction C 552/1992 N/A Bans Concluded Federation and Another -Beech C. Builders Labourers Allmart Bricklaying C 528/1992 14/09/92 Ration of Concluded Federation Contractors -Beech C. Labourers on site Builders Labourers Consolidated Constructions C 555/1992 23/03/92 Stoppage Concluded Federation and Others P/L -Beech C. 24/09/92 Civil Service Association Public Service Commission PSAC 34/1992 03/08/92 Creation of Concluded -Negus C. Position Civil Service Association Ministry of Education PSAC 30/1992 05/08/92 Non-payment of a Concluded -Negus C. relieving allowance Civil Service Association Minister for Corrective PSAC 55/1991 16/12/91 Terms of Contract Concluded Services -Negus C. Civil Service Association Commissioner, Public PSAC 3/1991 25/01/91 Interpretation of Concluded Service Commission -Negus C. Order Result Civil Service Association Public Service Commission PSAC 59/1990 23/01/91 Part-time Concluded -Negus C. 28/03/91 Employment Civil Service Association Hon. Minister for Education PSAC 27/1992 12/08/92 Alleged Overpayment Concluded -Negus C. Civil Service Association Public Service Commission PSAC 63/1991 19/07/91 Assessment—Staff Concluded -Negus C. Department of Agricul- ture Civil Service Association Main Roads Department PSAC 14/1992 13/04/92 Transfer Concluded -Negus C. 21/05/92 Civil Service Association Hon. Minister for PSAC 66/1991 15/08/91 Condition of Concluded Community Services -Negus C. 03/12/91 Employment Civil Service Association Public Service Commission PSAC 38/1992 04/09/92 Promotion Appeal Concluded -Negus C. Matter Civil Service Association Curtin University Student PSAC 25/1992 25/08/92 Reinstatement Concluded Guild -Negus C. Civil Service Association Curtin University of C 448/1992 27/07/92 Work Bans Concluded Technology -Negus C. Civil Service Association Commissioner, Public PSAC 21/1991 27/02/91 Intention to Concluded Service Commission -Negus C. retire employee Construction, Mining and Multiplex Constructions P/L C 395/1992 30/06/92 Alleged Breach of Concluded Engineering Union and -Beech C. 03/07/92 Safety Procedures Others 07/07/92 Construction, Mining, BHP Iron Ore Ltd CR 418/1992 17/08/92 Alleged Breach of Concluded Energy, Timberyards, -Gregor C. Procedures Sawmills and Woodworkers Union Electrical, Electronics, John Lysaght CR 380/1992 06/08/92 Dismissal Withdrawn Foundry and Engineering -George C. Union Electrical, Electronics, Turbine Components C 481/1992 11/08/92 Dismissal Referred Foundry and Engineering Australia Pty Ltd -George C. 18/08/92 Union 17/09/92 Electrical, Electronics, Home Court Holdings C 272/1992 14/05/92 Log of Claims Concluded Foundry and Engineering -George C. Union Electrical, Electronics, Supercrane C 268/1992 29/05/92 Superannuation Concluded Foundry and Engineering -George C. 10/06/92 Union 05/10/92 Electrical, Electronics, Associated Computer and C 536/1992 16/09/92 Wages Concluded Foundry and Engineering Electronic Services Pty Ltd -George C. Union Electrical, Electronics, Underground Electrics C 252/1992 N/A Redundancy Payment Concluded Foundry and Engineering -Beech C. Union Electrical, Electronics, Co-operative Bulk Handling C 434/1992 21/07/92 Safety Issues, Concluded Foundry and Engineering -Beech C. Union Coverage Union Federated Clerks Union Bunntngs Forest Products C 500/1992 01/09/92 Severance Pay Referred P/L -Coleman C.C, Federated Clerks Union Metro Brick C 542/1992 25/09/92 Retrenchment Referred -Parks C. Payment Federated Clerks Union Carnarvon Medical Service C 568/1992 09/10/92 Reinstatement Referred Aboriginal Corporation -Parks C. Forest Products, Koppers Timber C 467/1992 13/08/92 Reinstatement Concluded Furnishing and Allied Preservation Pty Limited -Salmon C. Industries Union Hospital Salaried Officers Aboriginal Child Care C 360/1992 21/06/91 Terms of Employment Concluded Association Agency of WA Ltd & Others -Negus C. Hospital Salaried Officers Royal Perth Hospital C 523/1992 21/09/92 Roster Changes Concluded Association -Negus C. Merchant Service Guild Dampier Port Authority C 547/1992 N/A Appointment of a Concluded -Haliiwell S.C. relief officer Metal and Engineering Port Shipwrights CR 137/1992 N/A Redundancy Concluded Workers' Union -George C. Metal and Engineering Ocean Shipyards (WA) Pty C 354/1991 20/06/91 Attendance Referred Workers' Union Ltd -George C. 08/07/91 Allowance 22/07/91 Metal and Engineering Ocean Shipyards (WA) Pty CR 354/1991 N/A Attendance Concluded Workers' Union Ltd -George C. Allowance Metal and Engineering United Construction Pty Ltd C 540/1992 14/09/92 Dismissal Concluded Workers' Union -George C. Metals and Engineering Centurion Industries C 387/1992 08/07/92 Retrenchments Concluded Workers' Union Limited -Haliiwell S.C. Metals and Engineering Suzicare Pty Ltd C 503/1992 02/09/92 Annual Leave Concluded Workers' Union -George C. Metals and Engineering Big Bell Mines Pty Ltd CR 362/1992 03/07/92 Unfair Dismissal Withdrawn Workers' Union -Gregor C. Millers and Mill N.B. Love Starches W.A. C 577/1992 N/A Dismissal Concluded Employees' Union Pty Ltd -Haliiwell S.C. Miscellaneous Workers Union Princess Margaret Hospital C 475/1992 N/A N/A Concluded -Gregor C. Miscellaneous Workers Union Board of Management, RPH C 328/1992 '20/08/92 Role of Leading Concluded -Gregor C. Hands Miscellaneous Workers Union The Lady Gowrie Centre C 519/1992 07/09/92 Reinstatement Referred (WA) Inc -Haliiwell S.C. Miscellaneous Workers Union Hon. Minister for Education C 631/1992 N/A Clarification of Concluded -Haliiwell S.C. duties 72 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 22! Parties Number— Date Matter Result Commissioner Miscellaneous Workers Union Sir Charles Gairdner C 285/1992 N/A Work Bans Withdrawn Hospital -Negus C. Miscellaneous Workers Union Hon. Minister for Education C 535/1992 10/09/92 Reinstatement Concluded -Parks C. Painters' and Decorators' Minister for Health C 515/1992 N/A Breach of Award Concluded Union -Beech C. Painters' and Decorators' Mephallene Steel Treatment C 353/1992 N/A Outstanding Monies Concluded Union -Halliwell S.C. Painters' and Decorators' Rustproofers (Aust) Pty Ltd C 494/1992 N/A Dismissal Concluded Union -Halliwell S.C. Plumbers and Gas fitters Building Management C 509/1992 31/08/92 Payments Concluded Employees' Union Authority -George C. Plumbers and Gasfitters Board of Management, RPH C 521/1992 03/09/92 Bans Concluded Employees' Union -George C. Printing and Kindred State Print C 449/1992 10/09/92 Higher Duties Concluded Industries Union -Negus C. Allowance Real Estate Salespersons Olive Elliott Jennings and C 557/1992 01/10/92 Unpaid Commissions Referred Association Company Pty Ltd t/a Clive -Parks C. Elliott Jennings State School Teachers Union Hon. Minister for Education TC 8/1991 26/11/92 Incremental Scale Concluded -Kennedy C. State School Teachers Union Hon. Minister for Education TC 2/1992 N/A Performance Concluded -Kennedy C. Management Plan Transport Workers Union Keith Roberts and Others C 208/1992 N/A Term and Concluded -Halliwell S.C. Conditions of Employment CORRECTION. WHEREAS an error occurred in the publication of Order No. 461 of 1990 (R2), published in the Western Australian Industrial Gazette dated 27th November 1991, Volume 71, Part 2, subpart 5, page 2825 at page 2830, the following corrections are made:— 1. Delete the brackets surrounding the digit "4" where it is printed:— "B. Delete subclause (4) Leading Hands " in the first column of page 2830. 2. Delete the words "A worker" where they occur immediately following the words "(5) Disabilities Allowance" in the first column of page 2830 and insert the following in lieu thereof:— "An employee" Dated 12 October 1992. J.G. CARRIGG, Registrar. CORRECTION. WHEREAS an error occurred in the publication of Order No. 872 of 1990 (R2) published in the Western Australian Industrial Gazette dated 22nd August 1990, Volume 70, Part 2, subpart 2, page 2668 at page 2671, the following corrections are made:— 1. Delete the numbers "10", "11" and "20" where they appear in the last paragraph of the first column of page 2671 and insert the words "ten", "Eleven" and "Twenty" in lieu thereof respec- tively. 2. Insert "—" between the ":" and the word "workers" in the first line of the second column of page 2671. Dated 12 October 1992. J.G. CARRIGG, Registrar.