Industrial Relations Commission of New South Wales CITATION : Watkins v Metropolitan Pharmacy Services [2002] NSWIRComm 255 PARTIES : Frances Anne Watkins Metropolitan Pharmacy Services FILE NUMBER: IRC 3246 of 2002 CORAM: Grayson DP LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Moore v Newcastle City Council (1997) 77 IR 210 HEARING DATES: 10/01/2002 EXTEMPORE JUDGMENT DATE : 10/01/2002 APPLICANT Ms FA Watkins in person LEGAL REPRESENTATIVES: RESPONDENT Mr M Jaloussis, solicitor JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES Matter No IRC 3246 of 2002 Coram: Grayson DP Tuesday, 1 October 2002 FRANCES ANNE WATKINS v METROPOLITAN PHARMACY SERVICES Application by Frances Anne Watkins re unfair dismissal pursuant to s84 of the Industrial Relations Act 1996 DECISION EX-TEMPORE NSWIRComm255 1 In the circumstances and based on the evidence adduced by the respondent, I am comfortably satisfied that the applicant's conditions of employment were at all material times regulated by an award of the Australian Industrial Relations Commission. 2 There is sufficient authority for the proposition that this Commission, in such circumstances, has no jurisdiction to entertain the application presently before it. See, for example Moore v Newcastle City Council (1997) 77 IR 210. 3 The applicant has indicted her intention in the circumstances to initiate proceedings, appropriately if I may say so, in the Australian Industrial Relations Commission. 4 The application is dismissed accordingly. -------------------------- DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.