100318928

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES BURSWOOD RESORT (MANAGEMENT) LTD

APPELLANT

 -and-

 AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS’ UNION, WESTERN AUSTRALIAN BRANCH

RESPONDENT

CORAM FULL BENCH

  HIS HONOUR THE PRESIDENT P J SHARKEY

  CHIEF COMMISSIONER W S COLEMAN

  COMMISSIONER S WOOD

DELIVERED MONDAY, 15 SEPTEMBER 2003

FILE NO/S FBA 19 OF 2003

CITATION NO. 2003 WAIRC 09372

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Decision  Appeal upheld; order of the Commission made on 4 August 2003 in                             matter No. C 101 of 2003 quashed

Appearances

Appellant   Mr G Blyth, as agent

Respondent   Mr J Winters, Industrial Officer

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Order

This matter having come on for hearing before the Full Bench on the 15th day of September 2003, and having heard Mr G Blyth, as agent, on behalf of the appellant, and Mr J Winters, Industrial Officer, on behalf of the respondent, and the Full Bench having determined that the appeal should be upheld, and that reasons for decision will issue at a future date, and the parties herein having waived their rights pursuant to s.35 of the Industrial Relations Act 1979 (as amended), it is this day, the 15th day of September 2003, ordered and declared as follows:

(1)               THAT appeal No. FBA 19 of 2003 be and is hereby upheld.

(2)               THAT the decision of the Commission in matter No. C 101 of 2003 made on the 4th day of August 2003 be and is hereby quashed.

By the Full Bench

PRESIDENT