Federal Court of Australia
DECISION NO:80/97 CATCHWORDS
INDUSTRIAL LAW - UNLAWFUL TERMINATION - EMPLOYMENT RELATIONSHIP - EMPLOYMENT CONTRACT - employee or contractor - whether wage subsidy agreement incorporated into contract of employment - whether award incorporated - VALID REASON - OPERATIONAL REQUIREMENTS - REDUNDANCY.
Workplace Relations Act 1996 (Cth) ss170DB, 170DE, 170EA Fair Trading Act 1985 (Vic) Industrial Relations Act 1979 (Vic) Vabu v Federal Commissioner of Taxation (1996) 33 ATR 537; Ajax Cooke Pty Ltd v Nugent (unreported, Supreme Court of Victoria, Phillips J, 29 November 1993; Court of Appeal, 18 September 1996). Phillipson v E.A.S.E. Furniture (unreported, IRCA, Murphy JR, 11 February 1997)
WIDDICOMBE v BRIAN W PATON (trading as TULLAMARINE CHAUFFEUR DRIVE) VI96/2342
Before: MURPHY JR Place: MELBOURNE Dates of Hearing: 6 MARCH 1997 Date of Judgment: 6 MARCH 1997
IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
VI96/2342
BETWEEN:
TRACI WIDDICOMBE Applicant
AND
BRIAN W PATON (trading as TULLAMARINE CHAUFFER DRIVE) Respondent
BEFORE: MURPHY JR PLACE: MELBOURNE DATE: 6 MARCH 1997 MINUTES OF ORDERS
THE COURT ORDERS AND DECLARES THAT: 1. For the purposes of the Workplace Relations Act 1996 (Cth) the applicant is an employee; 2. The applicant's claim under s170EA of the Act is dismissed. 3. The applicant's claim for relief under the Statement of Claim filed 8 October 1996 is dismissed.
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 VICTORIA DISTRICT REGISTRY
VI96/2342
BETWEEN:
TRACI WIDDICOMBE Applicant
AND
TULLAMARINE CHAUFFER DRIVERS Respondent
BEFORE: MURPHY JR PLACE: MELBOURNE DATE: 6 MARCH 1997 REASONS FOR DECISION Delivered ex tempore - revised from the transcript
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