iVaughn Stephens v Konecranes Pty Ltd [2000] NSWIRComm 207

Industrial Relations Commission of New South Wales in Court Session

CITATION : iVaughn Stephens v Konecranes Pty Ltd [2000] NSWIRComm 207 Applicant PARTIES : Vaughn Stephens Respondent Konecranes Pty Ltd FILE NUMBER: IRC4380 of 1998 CORAM: Kavanagh J CATCHWORDS : s106 claim - Notice of Motion as to the jurisdiction under s106 of the Industrial Relation Act - When Notice of Motion should be heard to determine jurisdiction - Issue as to whether the applicant was employed under award provisions or by way of a contract of employment - The effect of s109 of Constitution of Australia and s152 of the Workplace Relations Act - application of the law when there is and "inconsistency" between Federal Law (the award) and State Law (orders under s106 of the Industrial Relations Act) - Submissions the award, a Federal Law "covers the field" - Applicant, on the facts, found to be employed under contract - applicant not covered by the award - award in the circumstances did not cover the applicant's duties - therefore no question need be determined as to inconsistency between Federal and State laws - in s106 of the Industrial Relation Act, 1996 unfairness found for performance of contract on termination - Contract varied and monetary orders given - Orders as to payment for notice and interest just in the circumstances. Industrial Relations Act 1996 Workplace Relations Act 1996 LEGISLATION CITED : Factories Shops and Industries Act 1962 Supreme Court Act 1970 Bell and Berg v Macquarie Bank Ltd & Anor (1999) 87 IR 126 Colvin v Bradley Bros Pty Ltd (1943) 68 CLR 151 Metal Trades Industry Association v Amalgamated Metal Workers and Shipwrights Union (1983) 152 CLR 632 CASES CITED : Spalding v Can't Tear 'Em [1999] FCA 1222 Port Macquarie Golf Club Limited v Stead & Anor (1995-96) 64 IR 53 Baker v National Distribution Services Limited (1993) 50 IR 254 Newton v Goodman Fielder Mills Limited (1997) 81 IR 227 Abboud v The State of NSW (Dept of School Education) (No 2) [2000] NSWIRComm 110 HEARING DATES: 08/28/2000 DATE OF JUDGMENT: 11/24/2000