NSW Caselaw
Industrial Court of New South Wales
CITATION: Everitt v Cuscal Shared Services Pty Ltd and anor [2005] NSWIRComm 319
APPLICANT Lesley Everitt
FIRST RESPONDENT PARTIES: Cuscal Shared Services Pty Ltd
SECOND RESPONDENT Credit Union Services Corporation (Australia) Limited (ACN 087 822 455)
FILE NUMBER(S): 2686 of 2004
CORAM: Marks J
CATCHWORDS: s 106 - strike out application - alleged constitutional invalidity - whether the second respondent became the applicant's employer - second respondent party to a Commonwealth award - prevalence of Commonwealth award over State award - whether award relevant to applicant's employment - whether orders sought inconsistent with redundancy provisions of award - respondents' submissions upheld - leave granted to applicant to amend summons - part of claim against second respondent dismissed - costs.
Australian Constitution LEGISLATION CITED: Industrial Relations Act 1996 Workplace Relations Act 1996 s 152(1)
Barry v Australian Broadcasting Corporation (2002) 112 IR 33 Burgess v Mount Thorley Operations Pty Ltd (2002) 115 IR 13 Hansen Yuncken Pty Ltd v Costopoulos (2004) 136 IR 61 CASES CITED: Majik Markets Pty Ltd v Brakes & Service Centre Drummoyne Pty Ltd [1991] 28 NSWLR 443 Nagle v Tilberg (1993) 51 IR 8 Stonham v Speaker of the Legislative Assembly of NSW (2000) 97 IR 325
HEARING DATES: 06/27/2005; 09/01/2005
DATE OF JUDGMENT: 12/21/2005
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate