Rocks and Jeskie v The Uniting Church in Australia [2002] NSWIRComm 57

Industrial Relations Commission of New South Wales in Court Session

CITATION : Rocks and Jeskie v The Uniting Church in Australia [2002] NSWIRComm 57 APPLICANTS: Kevin Rocks Wendy Jeskie PARTIES : RESPONDENTS: The Uniting Church of Australia The Uniting Church of Australia Property Trust (NSW) Geoffrey Stephen Grasso FILE NUMBER: IRC 5785 and 5786 of 2001 CORAM: Wright J President; Walton J Vice-President; Schmidt J Practice and procedure - Contempt - Allegation of contempt - Unfair contract - Reference to Full Bench of the Commission in Court Session - Whether allegations of contempt may only be dealt with by Full Bench of the Commission in Court Session - Church organisations - Persons employed by Church or church organisations - Difficulties in determining employer of persons engaged by church operated organisations - Whether employment by unincorporated association - Difficulties in maintaining proceedings against unincorporated bodies - Whether correct respondents joined to s 106 proceedings different question to whether contempt of court has been committed and, if so, by whom - Different formulations in Rule 237(1) as to basis for commencing proceedings as to contempt - Registrar ordered to commence proceedings. CATCHWORDS : Unfair contract - Practice and procedure - Contempt - Allegation of contempt - Reference to Full Bench of the Commission in Court Session - Whether allegations of contempt may only be dealt with by Full Bench of the Commission in Court Session - Church organisations - Persons employed by Church or church organisations - Difficulties in determining employer of persons engaged by church operated organisations - Whether employment by unincorporated association - Difficulties in maintaining proceedings against unincorporated bodies - Whether correct respondents joined to s 106 proceedings different question to whether contempt of court has been committed and, if so, by whom - Different formulations in Rule 237(1) as to basis for commencing proceedings as to contempt - Registrar ordered to commence proceedings. Industrial Relations Act 1996 s 106 s 109 s 153 s 164 s 193 LEGISLATION CITED : Industrial Relations Commission Rules 1996 r 237 Uniting Church in Australia Act 1977 CASES CITED : Ermogenous v Greek Orthodox Community of SA Inc [2002] HCA 8 HEARING DATES: 12/14/2001; 02/13/2002 DATE OF JUDGMENT: 03/20/2002