All-in rates appeal update

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All-in rates appeal update

The CFMEU’s application to have its appeal against the decision of Cahill VP stood over pending a review of the NSW Industrial Relations Act 1996 has been rejected.

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The CFMEU’s application to have its appeal against the decision of Cahill VP stood over pending a review of the NSW Industrial Relations Act 1996has been rejected.

In the proceedings before Cahill VP at first instance, the CFMEU had unsuccessfully sought to prohibit the practice of employers in the building industry making ‘all-in’ payments (see HR Link of 3 July 1997; Issue No 091/97).

In proceedings before a Full Bench of the Commission on Friday, 12 September, the CFMEU requested that the appeal be stood over until it had the opportunity to press for reforms in its address to the consultative committee convened by the New South Wales Government which will be reviewing the Act.

President Fisher held that the statutory review process was ‘irrelevant’ to the question of whether the CFMEU appeal should proceed, and that the Commission was under a duty to hear and determine the application.

The Commission called the matter on for determination of the extension of time and leave to appeal questions for 10 October 1997.

 

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