Payne v NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors [2024] NSWIRComm 1031

Industrial Relations Commission New South Wales Medium Neutral Citation: Payne v NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors [2024] NSWIRComm 1031 Hearing dates: 22 February 2024, final submissions received 29 February 2024 Date of orders: 21 May 2024 Decision date: 21 May 2024 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant Decision: The Commission lacks jurisdiction in this matter. The application is dismissed. The respondent's application for costs is dismissed. Catchwords: EMPLOYMENT LAW – unfair dismissal – employer asserts it is a national system employer – Commission lacks jurisdiction – unfair dismissal application dismissed – costs application dismissed Legislation Cited: Australian Constitution, s 51 Fair Work Act 2009 (Cth), Pt 2-4, ss 12, 13, 14 and 170 Health Services Act 1997 (NSW), ss 13, 52, Sch 3 Industrial Relations Act 1996 (NSW), s 84, 163 Industrial Relations (Commonwealth Powers) Act 2009 (NSW), ss 3, 5, 6 Uniform Civil Procedure Rules 2005 (NSW), cl 1.22 Workplace Relations Act 1996 (Cth) Cases Cited: Application by St Vincent's Hospital Sydney Limited - [2022] FWCA 3063 Attorney-General v Wentworth (1988) 14 NSWLR 481 Dazmeny Pty Ltd t/as Sails Resort v Thorn [1997] AIRC 231 Dr A v Health District (No 4) [2014] NSWIRComm 56 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Imogen Pty Ltd v Sangwin (1996) 70 IR 254 Peden v Lake Macquarie Refrigeration Pty Ltd (2003) 134 IR 149 Re Operational Ambulance Officers (State) Award (No 2) [2011] NSWIRComm 85 Tapia v Emibarb Pty Ltd t/as Lagoon Seafood Restaurant [2005] NSWIRComm 232 Zizza v Star City Pty Ltd [2000] NSWIRComm 200 Texts Cited: The Hon. Tom Bathurst, CJ, "Efficient, Informal & Fair: Tribunals Delivering under Pressure Writing Better Judgments (Speech delivered to the 2018 COAT NSW Annual Conference, Sydney, 7 September 2018) Category: Principal judgment Parties: John Payne (applicant) NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors (respondent) Representation: Applicant in-person Nicholas Stevens, solicitor (respondent) File Number(s): 2023/330124 Publication restriction: Nil