Bennett v E Z Risdon Golf Club Inc [1995] IRCA 391

Federal Court of Australia

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CATCHWORDS BENNETT v E Z RISDON GOLF CLUB INC TI 95/1143 INDUSTRIAL RELATIONS - TERMINATION OF EMPLOYMENT - jurisdiction - whether the relationship between the parties was of employer and employee or principal and contractor - factors indicating nature of relationship - degree of control exercised over alleged employee - payment by alleged employer of superannuation, compensation insurance and tax - manner of payment CASES CITED: Stevens & Gray v Brodribb Sawmilling Co Pty Limited (1986) 160 CLR 16. Re the Transport Workers' Union of Australia; ex parte Porter (1989) AILR 388. LEGISLATION: Industrial Relations Act 1988, Part VIA Div 3. CORAM: RYAN J. PLACE: HOBART DATE: 03 AUGUST 1995

IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) TI 95/1143 ) TASMANIA DISTRICT REGISTRY ) BETWEEN: PETER GRAEME BENNETT Applicant AND: EZ RISDON GOLF CLUB INCORPORATED Respondent CORAM: RYAN J. PLACE: HOBART DATE: 3 AUGUST 1995 MINUTE OF ORDERS THE COURT ORDERS BY CONSENT: 1. That the respondent pay to the applicant compensation for unlawful termination of the applicant's employment agreed in the sum of $10,000. 2. It is declared that the applicant has not been guilty of conduct detrimental to the interests of the respondent. 3. IT IS FURTHER ORDERED that the respondent procure a resolution of its committee rescinding the resolution of 6 June 1995 expelling the applicant from membership of the respondent. Note: Settlement and entry of orders is dealt with in O 36 of the Rules of the Industrial Relations Court of Australia.

IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) TI 95/1143 ) TASMANIA DISTRICT REGISTRY ) BETWEEN: PETER GRAEME BENNETT Applicant AND: EZ RISDON GOLF CLUB INCORPORATED Respondent CORAM: RYAN J. PLACE: HOBART DATE: 3 AUGUST 1995 REASONS FOR JUDGMENT RYAN J: The preliminary question raised by this application is whether the relationship between the applicant and the respondent ("the Club") was employee and employer or that of contractor and principal. Mr Bennett was a member of the Committee of the Club in 1991 when the then Secretary relinquished responsibility for managing the bar. At that time, the Club employed a full-time and a part-time bar attendant and the Secretary received an additional honorarium of $500 for performing the duties of bar manager. The Committee was concerned to achieve an arrangement whereby the bar operations became autonomous in the sense that cheques in payment for staff and purchases and stock did not require to be signed by the Treasurer. There was also a concern that the liability for remuneration of a bar manager should be an identifiable, fixed, amount without the need to pay for annual leave, superannuation, tax and workers' compensation insurance. The minutes of the meeting of the Committee of the Club held on 4 February 1991 record a resolution that: "P. Bennett be appointed manager on contract of $20,000 per year. This to be verified by a contract to commence 1 March. Also to be paid $400 for month of February."

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IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) TI 95/1143 ) TASMANIA DISTRICT REGISTRY ) BETWEEN: PETER GRAEME BENNETT Applicant AND: EZ RISDON GOLF CLUB INCORPORATED Respondent CORAM: RYAN J. PLACE: HOBART DATE: 3 AUGUST 1995 MINUTE OF ORDERS THE COURT ORDERS BY CONSENT: 1. That the respondent pay to the applicant compensation for unlawful termination of the applicant's employment agreed in the sum of $10,000. 2. It is declared that the applicant has not been guilty of conduct detrimental to the interests of the respondent. 3. IT IS FURTHER ORDERED that the respondent procure a resolution of its committee rescinding the resolution of 6 June 1995 expelling the applicant from membership of the respondent. Note: Settlement and entry of orders is dealt with in O 36 of the Rules of the Industrial Relations Court of Australia.

IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) TI 95/1143 ) TASMANIA DISTRICT REGISTRY ) BETWEEN: PETER GRAEME BENNETT Applicant AND: EZ RISDON GOLF CLUB INCORPORATED Respondent CORAM: RYAN J. PLACE: HOBART DATE: 3 AUGUST 1995 REASONS FOR JUDGMENT RYAN J: The preliminary question raised by this application is whether the relationship between the applicant and the respondent ("the Club") was employee and employer or that of contractor and principal. Mr Bennett was a member of the Committee of the Club in 1991 when the then Secretary relinquished responsibility for managing the bar. At that time, the Club employed a full-time and a part-time bar attendant and the Secretary received an additional honorarium of $500 for performing the duties of bar manager. The Committee was concerned to achieve an arrangement whereby the bar operations became autonomous in the sense that cheques in payment for staff and purchases and stock did not require to be signed by the Treasurer. There was also a concern that the liability for remuneration of a bar manager should be an identifiable, fixed, amount without the need to pay for annual leave, superannuation, tax and workers' compensation insurance. The minutes of the meeting of the Committee of the Club held on 4 February 1991 record a resolution that: "P. Bennett be appointed manager on contract of $20,000 per year. This to be verified by a contract to commence 1 March. Also to be paid $400 for month of February."

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