NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Russo v Quality Bakers [2004] NSWIRComm 50 APPLICANT Rosario Russo PARTIES : RESPONDENT Quality Bakers Australia Ltd FILE NUMBER: 2379 of 2003 CORAM: Marks J CATCHWORDS : Unfair contract - Jurisdictional issue at interlocutory stage - Nature and characteristics of unfair contracts claims contrasted with unfair dismissal proceedings - Whether no order could be made which would be within jurisdiction - Whether legislative intent discernable - Summons challenged terms or operation of contract of employment - Balsdon v Murray Irrigation distinguished on the facts - Motion dismissed. LEGISLATION CITED : Industrial Relations Act 1996 Beahan v Bush Boake Allen Australia Ltd (1999) 47 NSWLR 648 CASES CITED : Nagle (t/a WD & JL Nagle & Sons) v Tilburg (1993) 51 IR 8 Balsdon v Murray Irrigation (2003) NSWIRComm 251 HEARING DATES: 02/26/2004 DATE OF JUDGMENT: 03/24/2004
APPLICANT Mr JJ Fernon of Senior Counsel SOLICITORS W G McNally & Co LEGAL REPRESENTATIVES: RESPONDENT Mr G Fredericks, solicitor SOLICITORS Freehills
JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Wednesday 24 March 2004 Matter No IRC 2379 of 2003 ROSARIO RUSSO v QUALITY BAKERS AUSTRALIA LTD Application under s 106 of the Industrial Relations Act 1996
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