Dee Donavan and Blaze on Stage Pty. Ltd. [2004] NSWIRComm 1128

Industrial Relations Commission of New South Wales

CITATION: Dee Donavan and Blaze on Stage Pty. Ltd. [2004] NSWIRComm 1128 APPLICANT PARTIES: Mr. Dee Donavan RESPONDENT Blaze on Stage Pty. Ltd. FILE NUMBER: 5385 of 2004 CORAM: Tabbaa C CATCHWORDS: Unfair Dismissal - Independent Contractor - Sole Trader - employee - Entertainment Industry LEGISLATION CITED: Entertainment Industry Act 1989 Industrial Relations Act 1996 Clarke v Custom Security Services Pty. Ltd. (1996) 40 AILR 3-438 CASES CITED: Hollis v. Vabu Pty. Ltd. [2001] HCA 44 Stevens v Brodribb Sawmiliing Company Pty. Ltd. (1986) 160 CLR 16 No. F.C. 86/001

HEARING DATES: 02/03/2004; 03/30/2004 DECISION DATE: 12/30/2004 Applicant appeared in person Mr. R. Berry, Solicitor REPRESENTATIVES:

DECISION: - 44 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES Coram: TABBAA, C.

30 December, 2004

Matter No. IRC 5385 of 2004

DEE DONOVAN and BLAZE ON STAGE PTY. LTD.

Application by D. Donovan re: unfair dismissal pursuant to section 84 of the Industrial Relations Act, 1996. ………………………………………………………………………………………………… D E C I S I O N

1 The applicant filed a claim under Section 84 of the Industrial Relations Act, 1996 on 29 September, 2003 alleging that the respondent had unfairly dismissed him on 04 September, 2003. The applicant contended that he had been employed from 15 April, 2002 until his dismissal as a professional Entertainer.

2 The file was allocated on the same day and was set down for conference and directions on 21 October, 2003. Two threshold issues were identified during those proceedings. Firstly, the claim had been filed out-of-time and, secondly, the Respondent contended that the applicant had been engaged as an independent contractor. The claim was unable to be resolved on that occasion and a filing schedule was directed in relation to the first threshold issue.