Jordan v Aerial Taxi Cabs Co-operative Society Ltd [2001] FCA 972

FEDERAL COURT OF AUSTRALIA

Jordan v Aerial Taxi Cabs Co-operative Society Ltd [2001] FCA 972

industrial law – whether taxi driver's agreement with taxi-owners' co-operative is a contract for the purposes of s 127A of the Workplace Relations Act 1996 (Cth) – taxi driver bailee from taxi-owner – respondent provides radio network booking services to driver – driver provides ancillary services to respondent – driver's agreement to be bound by respondent's rules and by-laws which in large measure reflect requirements of the law – agreement to abide by law and provide ancillary services does not make agreement a contract for services – independent contractor must provide services for the other party.

trade practices –whether respondent misused market power in disciplining applicant and issuing penalty – purpose of disciplining applicant – inference of purpose from conduct –respondent's by-laws gave effect to legislation – no prohibited purpose established.

WORDS & PHRASES – "contract for services" Workplace Relations Act 1996 (Cth), ss 88A, 127A, 127C, 347(2) Trade Practices Act 1974 (Cth), ss 4F(b), 46(1), 46(7), 82 Co-operative Societies Act 1939 (ACT), s 47 Motor Traffic Act 1936 (ACT), s 36 Taxi and Hire Car Regulations (ACT), reg 13 Finch v Herald & Weekly Times Ltd (1996) 65 IPR 239, cited Harding v EIG Ansvar Ltd [2000] FCA 46, cited Commonwealth of Australia v Crothall Hospital Services (Aust.) Ltd (1981) 36 ALR 567, applied Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (1988) 14 NSWLR 523, applied Brambles Holdings Ltd v Bathurst City Council [2001] NSWCA 61, applied Lee v Aerial Taxi Cabs Co-operative Society Ltd [1999] FCA 1727, referred to General Newspapers Pty Ltd v Telstra (1993) 117 ALR 629, referred to Melway Publishing Pty Ltd v Robert Hick Pty Ltd (2001) 178 ALR 253, referred to DOUGLAS JORDAN v AERIAL TAXI CABS CO-OPERATIVE SOCIETY LIMITED t/as CANBERRA CABS A7 of 1999 MADGWICK J SYDNEY (HEARD IN CANBERRA) 27 JULY 2001