Fisher v Edith Cowan University [1997] IRCA 98

DECISION NO:98/97 CATCHWORDS INDUSTRIAL LAW - termination of employment - fixed term contract - claim under Div 3, Pt VIA of the Industrial Relations Act 1988, that termination was without valid reason - whether the employee validly excluded from the protection of Div 3 - whether termination of employment at the expiration of a fixed term contract can be termination at the employer's initiative - whether it was open on the facts for the review judge to find that the termination was not at the employer's initiative, such that Div 3 would not apply. Industrial Relations Act 1988 (now the Workplace Relations Act 1996) PtVIA Div 3 (ss170CA-170HB); ss170CA, 170DE, 170CB, 170CC, 170DC, 170DE, 170DF, 376, 377; sub-s170DE(1) The Constitution s51(xxix) Byrne v Australian Airlines Limited (1995) 185 CLR 410 Christie v Qantas Airways Ltd (1996) 138 ALR 19 D'Lima v Board of Management, PMH for Children (1995) 64 IR 19 Minister for Health v Ferry (1996) 65 IR 374 Mohazab v Dick Smith Electronics Pty Ltd (No 2) (1995) 62 IR 200 State of Victoria v Commonwealth of Australia (1996) 138 ALR 129 LYNN FISHER V EDITH COWAN UNIVERSITY No. WI96/1453 LEE, MARSHALL, NORTH JJ PERTH (HEARD IN MELBOUNRE) 2 APRIL 1997 IN THE INDUSTRIAL ) RELATIONS COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) NO. WI96/1453 ON APPEAL FROM A JUDGE OF THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA B E T W E E N: LYNN FISHER Appellant and EDITH COWAN UNIVERSITY Respondent MINUTE OF ORDER THE COURT: LEE, MARSHALL, NORTH JJ DATE OF ORDER: 2 APRIL 1997 WHERE MADE: PERTH (HEARD IN MELBOURNE) THE COURT ORDERS THAT:

The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court of Australia Rules.