NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Faraci v The Leak Shop Pty Ltd [2003] NSWIRComm 169 APPLICANT Nicholas Faraci PARTIES : RESPONDENT The Leak Shop Pty Limited FILE NUMBER: IRC6271 of 2002 CORAM: Peterson J CATCHWORDS : Unfair contract - s106 - Whether contractual relationship was contract of employment or principal/contractor - Recovery of WorkCover premiums - Failure to make employer superannuation guarantee contributions - Moneys retained towards instances of bad workmanship - Failure of respondent to appear at any stage of proceedings - Conciliation impossible - Substantive hearing conducted ex parte - Orders made - Costs on an indemnity basis to be determined by the court. LEGISLATION CITED : Industrial Relations Act 1996 s106 Superannaution Guarantee Administration Act 1992 (Cth) s12 CASES CITED : Reich v Client Server Professionals Pty Ltd (2000) 99 IR 69 Cornell v Titley [2002] NSWIRComm 326, unreported, 3 December 2002. HEARING DATES: 05/23/2003 DATE OF JUDGMENT: 06/27/2003
APPLICANT Mr R Goodridge of counsel
SOLICITOR LEGAL REPRESENTATIVES: Employment Lawyers SYDNEY.
RESPONDENT No appearance
JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
IN COURT SESSION CORAM: PETERSON J
DATE: 27 JUNE 2003
Matter No. IRC6271 of 2002
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