Masri v Nenny Santoso and anor [2004] NSWIRComm 108

Industrial Relations Commission of New South Wales in Court Session

CITATION : Masri v Nenny Santoso and anor [2004] NSWIRComm 108 APPLICANT Masri PARTIES : DEFENDANTS Nenny Santoso and anor FILE NUMBER: IRC 3802 of 2001 CORAM: Haylen J CATCHWORDS : Unfair contract - s 106 of the Industrial Relations Act - whether contract of employment or arrangement - discussion between parties in Djakarta - initial agreement not a finalised contract of employment but an arrangement under s 105 - later discussions led to formation of contract of employment - jurisdiction of Commission established on either view of agreement - performance of work by applicant in respondents' home - applicant to perform numerous domestic duties including care of young child - promise by respondent to pay for services rendered by applicant - payments made to applicant other than those offered - inadequacy of payment for nature of work performed seven days per week as live-in domestic - arrangement unfair - contract declared void - no award directly applies to work performed by applicant - use of particular award as a guide to worth of work rejected - no evidence as to actual operation of award or market rates for same type of work - order for payment of money by respondents- money order made in exercise of Commission's wide discretion and in consideration of what was just in the circumstances of this case Baker v National Distribution Services Ltd (1993) 50 IR 254 Barclays Australia Investment Services Ltd v Nordby (1995) 99 IR 258 CASES CITED : Custom Credit Corp Ltd v Goldsmith and ors (1976) AR 98 Davies and anor v General Transport Development Pty Ltd (1967) AR 371 Westfield Holdings v Adams (2001) 114 IR 241) HEARING DATES: 04/13/2004; 04/14/2004; 04/15/2004 DATE OF JUDGMENT: 04/28/2004