Bolden v Smith Reid Training Group & O'Keefe v Smith Reid Training Group & Porter v Smith Reid Training Group [1997] IRCA 264

DECISION NO:264/97 INDUSTRIAL RELATIONS COURT OF AUSTRALIA INDUSTRIAL LAW - termination of employment - labour market program providing assistance to long term unemployed - program conducted by Respondent - held participants in program were not employees - costs Workplace Relations Act 1996 ss.170CA, 170CB, 170DE, 170EA CASES: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125

Dietrich v Dare (1980) 30 ALR 407

Rowe v Capital Territory Health Commission (1981-82) 39 ALR 39, (1981) 1 IR 133

Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257 BOLDEN -v- SMITH REID TRAINING GROUP No. VI-2298 of 1996

O'KEEFFE -v- SMITH REID TRAINING GROUP No. VI-2299 of 1996

PORTER -v- SMITH REID TRAINING GROUP No. VI-2300 of 1996 Ryan JR Melbourne 11 September 1997 INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI-22980 of 1996

B E T W E E N :

SHANE WILLIAM BOLDEN Applicant

AND

SMITH REID TRAINING GROUP Respondent VI-2300 of 1996

B E T W E E N :

BRENDAN DENNIS O'KEEFFE Applicant

AND

SMITH REID TRAINING GROUP Respondent VI-2300 of 1996

B E T W E E N :

JASON GREGORY PORTER Applicant

AND

SMITH REID TRAINING GROUP Respondent MINUTES OF ORDERS Judicial Registrar Ryan 11 September 1997

THE COURT ORDERS:

1. The applications be dismissed.

NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI-2298 of 1996 B E T W E E N : SHANE WILLIAM BOLDEN Applicant AND SMITH REID TRAINING GROUP Respondent VI-2299 of 1996 B E T W E E N : BRENDAN DENNIS O'KEEFFE Applicant AND SMITH REID TRAINING GROUP Respondent VI-2300 of 1996 B E T W E E N : JASON GREGORY PORTER Applicant AND SMITH REID TRAINING GROUP Respondent Ryan JR Melbourne 11 September 1997 REASONS FOR JUDGMENT THE CLAIMS The Applicants seek reinstatement and compensation in claims of unlawful termination of employment. The Respondent denies that it ever formed any employment relationship with the Applicants. THE MOTIONS The Respondent by Notice of Motion requests that the applications be struck out for want of jurisdiction. THE LABOUR MARKET PROGRAM The Respondent contracted with the Commonwealth Department of Education, Employment and Training and Youth Affairs ("DEET") to delivery the New Works Opportunities Program (NWO) which was a Labour Market Program. The Respondent through the affidavit of Amanda Birmingham, sworn 22 October 1996 asserts · the Respondent was funded to run seven individual programs and was referred to as a "Sponsor"