Cooper v Anthony & Sons Pty Ltd t/as Oceanic Cruises [1998] IRCA 4

INDUSTRIAL RELATIONS COURT OF AUSTRALIA INDUSTRIAL LAW - alleged UNLAWFUL TERMINATION - whether applicant CASUAL EMPLOYEE engaged for a short period - whether applicant engaged on a regular and systematic basis - whether VALID REASON - whether applicant given opportunity to DEFEND himself against allegations - whether prohibited reason - COMPENSATION. Industrial Relations Act 1988 (now Workplace Relations Act 1996) - ss 170DC, 170DE, 170DF, 170EA, 170EDA & 170EE. Industrial Relations Regulations Reg 30B Minimum Conditions of Employment Act (WA) Reed v Blue Line Cruises Ltd (1996) 73 IR 420 Kumar v Prima Furniture (NSW) Pty Ltd (1997) 73 IR 349. Cosco Holdings Pty Ltd v Thu Thi Van Do (unreported, Federal Court Judgment No. 1353 of 1997, Northrop, Lindgren and Lehane JJ, 4 December 1997). Venn v Wesfarmers(unreported, IRCA No. 128 of 1997, RD Farrell JR, 16 April 1997) KIM COOPER V ANTHONY & SONS PTY LTD trading as OCEANIC CRUISES WI 1474 of 1996 R.D. FARRELL JR PERTH 4 FEBRUARY 1998

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WI 1474 of 1996

BETWEEN: Kim Cooper

Applicant

AND: Anthony & Sons Pty Ltd trading as Oceanic Cruises

Respondent

COURT: R.D. FARRELL JR

DATE OF ORDER: 27 January 1998

WHERE MADE: PERTH

THE COURT DECLARES THAT:

1. The applicant is not excluded by Regulation 30B(1)(d) of the Industrial Relations Regulations from the operation of Subdivisions B, C, D, and E of Division 3 of Part VIA of the Workplace Relations Act 1996.

2. The termination of the applicant's employment by the respondent contravened Section 170DC of the Workplace Relations Act 1996.

THE COURT ORDERS THAT:

3. Within 21 days of the date of making these orders, the respondent pay to the applicant compensation in the sum of $1,500.00 less any amount payable to the Commissioner of Taxation pursuant to the Income Tax Assessment Act 1936 and actually paid.