Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Raisanen v Special Broadcasting Services Corporation [2001] FCA 1525
HEIJA VIOLA RAISANEN v SPECIAL BROADCASTING SERVICES CORPORATION N 1100 OF 2000 EMMETT J 26 SEPTEMBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1100 OF 2000
BETWEEN: HEIJA VIOLA RAISANEN
APPLICANT
AND: SPECIAL BROADCASTING SERVICES CORPORATION
RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 26 SEPTEMBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1100 OF 2000
BETWEEN: HEIJA VIOLA RAISANEN
APPLICANT
AND: SPECIAL BROADCASTING SERVICES CORPORATION
RESPONDENT
JUDGE: EMMETT J
DATE: 26 SEPTEMBER 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
EMMETT J 1 This is an application under s 127A(2) of the Workplace Relations Act 1996 (Cth) ("the Act"). The Act was originally enacted as Act No 96 of 1988 and it has been substantially amended since its enactment as the Industrial Relations Act 1988 (Cth). Under s 127A(2), application may be made to the Federal Court of Australia to review a contract of a certain category on the ground that the contract is unfair. Under that provision, "contract" relevantly includes any collateral arrangement relating to a contract for services that is binding on an independent contractor and relates to the performance of work by the independent contractor. Under s 127A(5), if the Court forms the opinion that such a ground is established in relation to the whole or the part of a contract, it must record its opinion stating whether the opinion relates to the whole or a specified part of the contract. Under s 127B(1), if the Court records an opinion under s 127A in relation to a contract, it may make an order varying the contract. 2 From June 1988 to 30 August 1992, the applicant was engaged by the respondent, Special Broadcasting Services Corporation ("SBS"), as an independent contractor in the position of radio broadcaster in the Finnish language program broadcast by SBS. On 27 June 1992 the applicant applied for two positions with SBS in relation to that Finnish language program. The positions were Broadcaster Journalist Level 2 and Journalist Level 1. The applicant was furnished with several documents described as follows: · SBS Radio 2EA Recruitment Information Kit, · Selection Criteria and Duty Statement relating to Broadcaster Journalist Level 2, · Positions Available Finnish Language Program.
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