Martin Anthony Purvis v Chieftain Management Pty Ltd trading as Brookes Maintenance Services [1995] IRCA 527

CATCHWORDS INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - whether the relationship between the parties was of an employer and employee or principal and contractor - factors indicating the nature of the relationship - degree of control exercised over alleged employee. Industrial Relations Act 1988 s 170EA Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 Re Porter; Re Transport Workers Union of Australia (1989) 34 IR 179 Bennett v E Z Risdon Golf Club Inc IT 1143 of 1995, Industrial Relations Court of Australia, 3 August 1995, Ryan J, unreported. No. WI 1582 of 1995 MARTIN ANTHONY PURVIS v CHIEFTAIN MANAGEMENT PTY LTD Trading as BROOKES MAINTENANCE SERVICES Marshall J Perth 29 September 1995

IN THE INDUSTRIAL RELATIONS COURT ) ) OF AUSTRALIA ) ) No. WI 1582 of 1995. WESTERN AUSTRALIA DISTRICT REGISTRY ) BETWEEN: MARTIN ANTHONY PURVIS Applicant

AND: CHIEFTON MANAGEMENT PTY LTD Trading as BROOKES MAINTENANCE SERVICES Respondent JUDGE: Marshall J PLACE: Perth DATE: 29 September 1995 ORDER THE COURT ORDERS THAT: 1. It is declared that the applicant was employed by the respondent pursuant to a contract of service. 2. The application is to be heard by a Judicial Registrar on a date to be fixed. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.

IN THE INDUSTRIAL RELATIONS COURT ) ) OF AUSTRALIA ) ) No. WI 1582 of 1995. WESTERN AUSTRALIA DISTRICT REGISTRY ) BETWEEN: MARTIN ANTHONY PURVIS Applicant AND: CHIEFTON MANAGEMENT PTY LTD Trading as BROOKES MAINTENANCE SERVICES Respondent JUDGE: Marshall J PLACE: Perth DATE: 29 September 1995

REASONS FOR JUDGMENT

BACKGROUND On 16 May 1995, the applicant lodged in the Western Australia District Registry of the Court ("the Registry"), an application under s170EA of the Industrial Relations Act 1988 ("the Act") for orders, including an order for compensation. On 23 May 1995, Mr John Englishby, ("Mr J Englishby") the General Manager of the respondent, filed in the Registry a "notice of employer's appearance". On that form, Mr J. Englishby stated that the respondent was not the employer of the applicant and that the true employer was Yakkamunda Australia Pty Ltd of 12 Lynburne Drive, Hillarys, Western Australia. On 24 May 1995, a Deputy District Registrar of the Court referred the application to the Australian Industrial Relations Commission ("the Commission") for conciliation. On 27 June 1995, Commissioner O'Connor certified that the Commission had been unable to settle the matter by conciliation. On 20 July 1995, Deputy District Registrar Richardson made certain procedural orders, including an order that: "This matter is to be set down for a preliminary hearing before a Judge as to the question of the nature of the relationship between the Applicant and the Respondent, such hearing date to be advised by the Registry."