Dahdah v Roof Rack City (NSW) Pty Ltd

In the case of *Dahdah v Roof Rack City (NSW) Pty Ltd*, the applicant, Mr Dahdah, brought proceedings against his former employer, Roof Rack City (NSW) Pty Ltd, concerning alleged underpayment of wages. The dispute centred on which industrial instrument, if any, governed Mr Dahdah's employment and the consequent entitlements to ordinary wages and overtime. The matter was heard by Judge Cameron in the Industrial Relations Commission of New South Wales.

The primary legal issues before the court were to determine the correct award coverage for Mr Dahdah's employment and, consequently, the applicable wage rates and overtime provisions. Specifically, the court had to ascertain whether Mr Dahdah's role fell under the State Vehicle Retail Award and its associated NAPSA, or the State Shop Award and its associated NAPSA, given the nature of his duties and the location of his employment. This determination was crucial for calculating any potential underpayment of wages.

Judge Cameron reasoned that Mr Dahdah was not employed at a motor garage and, if not a manager, was a shop assistant. The court found that the State Vehicle Retail Award and its NAPSA applied to employees in vehicle service shops, motor garages, and service stations, with specific exclusions for shop assistants. Conversely, the State Shop Award and its NAPSA covered the retail field, with an exception for persons employed selling motor oils, accessories, and petrol at or in motor garages and service stations. Based on these provisions, the court concluded that Mr Dahdah's employment was governed by the State Shop Award and the Shop NAPSA. The court then examined the Shop NAPSA's provisions for overtime and wage rates, noting that a "Group 4" employee, defined as a shop assistant in charge of a shop or department (not temporarily in charge), was entitled to specific ordinary time wages based on buying duties and the number of assistants supervised.