NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: JR's Discount Distribution Pty Ltd and anor v Honan Investments Pty Ltd t/as The Manildra Group of Companies [2005] NSWIRComm 416
FIRST APPLICANT/RESPONDENT ON MOTION JR's Discount Distribution Pty Ltd
SECOND APPLICANT/RESPONDENT ON MOTION PARTIES: Jeff Rooney
RESPONDENT/APPLICANT ON MOTION Honan Investments Pty Ltd t/as The Manildra Group of Companies
FILE NUMBER(S): IRC 2435 of 2005
CORAM: Staff J
CATCHWORDS: Unfair contract - Interlocutory proceedings - Notice of Motion seeking dismissal of proceedings - Claim contract of employment exceeded salary cap found in s 108A - Operation of s 108A of the Industrial Relations Act 1996 - Whether contract of employment exists between applicants and respondent - Section 108A directed to contracts of employment - Refusal of relief at threshold will not finally determine that jurisdiction exists - Notice of motion dismissed - Costs
Industrial Relations Act 1996 LEGISLATION CITED: Industrial Relations Amendment (Unfair Contracts) Bill 2002
ASMOF (NSW) v CSAHS [2005] NSWIRComm 339 Aveling v UBS Capital Markets Australia Holdings Ltd (2004) 135 IR 98 Commander Australia Limited v Kerr (2004) 134 IR 160 Great Scott International Pty Ltd v Cosmetic Suppliers Pty Ltd and Anor [2005] NSWIRComm 398 CASES CITED: Metrocall Inc v Electronic Tracking Systems Pty Ltd (No 2) (2000) 102 IR 309 Nagle (t/as WD & LJ Nagle & Sons) v Tilburg (1993) 51 IR 8 Project Blue Sky Inc and others v Australian Broadcasting Authority (1998) 194 CLR 355 Virtue v New South Wales Department of Education and Training (1999) 92 IR 428
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