Stonham v The Speaker of the Legislative Assembly of New South Wales [2000] NSWIRComm 69

Industrial Relations Commission of New South Wales in Court Session

CITATION : Stonham v The Speaker of the Legislative Assembly of New South Wales [2000] NSWIRComm 69 APPLICANT Anne Margaret Stonham PARTIES : RESPONDENT The Speaker of the Legislative Assembly of New South Wales FILE NUMBER: IRC 649 of 1999 CORAM: Hungerford J Unfair Contract - Preliminary jurisdictional point - Notice of motion - Applicant's claim impugned the contract of employment - Enterprise agreement and award (industrial instruments) applied to the employment - Statutory definition of "contract" excluded an industrial instrument - Whether claim if granted would effectively render void the terms of the industrial instruments - Whether claim if granted would be inconsistent with, contrary to or confer a benefit greater than that conferred by the industrial instruments - Whether jurisdiction to make order for payment of compensation for stress and suffering in course of applicant's employment and for impairment of employment prospects and reduction in quality of life - Nature of unfair contracts jurisdiction - Relationship between a contract of employment and an industrial instrument - Jurisdiction upheld - Leave reserved to further argue claim as to stress and suffering, impairment of employment prospects and reduction in quality of life - Motion dismissed, with costs.

Award - Conditions of employment set are minimum entitlements of employees - Apparent conflict with contract of employment - Contract of employment providing more favourable benefits for employee - Whether unfair contracts jurisdiction affects an award. CATCHWORDS : Enterprise Agreement - Apparent conflict with contract of employment - Contract of employment providing more favourable benefits for employee - Whether unfair contracts jurisdiction affects an enterprise agreement.