Australian Sevices Union of New South Wales (on behalf of Margaret King) and Ammberly's Single Women's Refuge Inc [2003] NSWIRComm 16

Industrial Relations Commission of New South Wales

CITATION : Australian Sevices Union of New South Wales (on behalf of Margaret King) and Ammberly's Single Women's Refuge Inc [2003] NSWIRComm 16 APPLICANT: PARTIES : Australian Services Union of New South Wales on behalf of Margaret King RESPONDENT: Ammberly's Single Women's Refuge Inc FILE NUMBER: 5129 of 2002 CORAM: Sams DP Termination of employment - unfair dismissal - whether applicant employed for a specific task - whether applicant a class of employee exempted from the unfair dismissal provisions of the Act - s83(2) of the Act - relevance of cases cited. CATCHWORDS : Held, evidence largely uncontested - applicant employed as a locum for a specific task - locum period extended - reasons for extension not relevant - applicant at all times aware of employment status - applicant informed and aware locum period to be extended - no promise of continued employment - federal cases deal with different issue - cited cases not relevant - different statutory framework - applicant employed for a specific task - section 83(2)(a) applies - applicant exempted from Pt 6 ch 2 of the Act - Commission lacks jurisdiction - application dismissed. LEGISLATION CITED : Industrial Relations Act 1996 Industrial Relations Regulations (Cth) 1996 Anderson v Umbakumba Community Council (1994) 56 IR 102 CASES CITED : D'Lima v Board of Management of Princess Margaret Hospital for Children (1995) 64 IR 19 Social and Community Services Employees (State) Award (329 IG 833). HEARING DATES: 12/17/2002 DATE OF JUDGMENT: 02/12/2003