Henry v Global Switch Australia Pty Ltd & Anor [2003] NSWIRComm 307

Industrial Relations Commission of New South Wales in Court Session

CITATION : Henry v Global Switch Australia Pty Ltd & Anor [2003] NSWIRComm 307 APPLICANT Michael Henry

PARTIES : FIRST RESPONDENT Global Switch Australia Pty Ltd SECOND RESPONDENT Global Switch S.a.r.l FILE NUMBER: IRC 3437 of 2002 CORAM: Marks J CATCHWORDS : Unfair contract proceedings - Application to vary by adding a respondent - Held s 108A did not apply so as to preclude variation. LEGISLATION CITED : Industrial Relations Act 1996 s106 s108A s108B Brown v Rezitis (1970) 127 CLR 157 CASES CITED : Horton v Jones (No 2) (1939) 39 SR (NSW) 305 at 310 Crowe v UCS Developments Pty Ltd (2003) NSWIRComm 234 HEARING DATES: 09/22/2003 DATE OF JUDGMENT: 09/26/2003

APPLICANT Mr A R Moses of counsel SOLICITORS Blake Dawson Waldron LEGAL REPRESENTATIVES: RESPONDENTS Mr P J Newall of counsel SOLICITORS Workplace Law

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Friday 26 September 2003 Matter No IRC 3437of 2002

MICHAEL HENRY v GLOBAL SWITCH AUSTRALIA PTY LTD & ANOR Application under s 106 of the Industrial Relations Act 1996

INTERLOCUTORY JUDGMENT

1 By summons filed 14 June 2002 the applicant Michael Henry sought certain relief under s 106 of the Industrial Relations Act 1996 ("the Act") against the first respondent Global Switch Australia Pty Ltd and the second respondent Global Switch S.a.r.l. The proceedings arose out of the termination of the applicant's employment by the first respondent and an alleged arrangement pursuant to which the applicant was to become entitled to share options in the second respondent. The summons alleged that the applicant's employment was terminated with effect on 31 August 2002.