Harding, Peter Alan v Ansvar Australia Insurance [1998] FCA 1796

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW Ð review of contract for services pursuant to Workplace Relations Act 1996 s127A Ð balance of convenience favours declining grant of interim relief Ð Court retains power to review contract pursuant to s 127A and to make consequential orders under s 127B even after the contract in question comes to an end

Workplace Relations Act 1996 s 127A, s 127B PETER ALLAN HARDING v ANSVAR AUSTRALIA INSURANCE QG 135 of 1998 SPENDER J 4 DECEMBER 1998 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 135 of 1998

BETWEEN: PETER ALLAN HARDING

Applicant

AND: ANSVAR AUSTRALIA INSURANCE

Respondent

JUDGE(S): SPENDER J

DATE OF ORDER: 04/12/98

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The interim order sought by the applicant be refused. 2. The costs of the interim application be reserved.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 135 of 1998

BETWEEN: PETER ALLAN HARDING

Applicant

AND: ANSVAR AUSTRALIA INSURANCE

Respondent

JUDGE(S): SPENDER J

DATE: 04/12/98

PLACE: BRISBANE

REASONS FOR JUDGMENT On 26 October 1998 Peter Allan Harding made an application pursuant to s 127A of the Workplace Relations Act 1996 (Ôthe ActÕ), and sought consequential orders under s 127B of the Act to review a contract for services as an insurance agent that he had entered into with Ansvar Australia Insurance Limited (ÔAnsvarÕ). That contract is dated 11 February 1998. The basis for the application appears from paragraph 5 of an affidavit of Mr Harding filed on 26 October in support of the application for interim relief. That paragraph reads: Ò5. I believe the term in the contract allowing the Respondent to terminate on one month's notice is unfair and/or harsh because: (a) It enables the respondent to appropriate to itself my agency business without paying for it. (b) It prevents me from obtaining ongoing commission on renewals of policies. (c) It enables the Respondent to terminate the contract without cause. (d) I have been and continue to be a high performing Ansvar agent with many commendations from the Queensland State Manager of Ansvar.Ó Section 127A has as its heading, "Unfair Contracts with Independent Contractors: Court's Powers". Section 127A(2) provides: ÒApplication may be made to the Court to review a contract on either or both of the following grounds: