West v The Owners Strata Plan No 54288 [2009] NSWIRComm 30

Industrial Court of New South Wales

CITATION: West v The Owners Strata Plan No 54288 [2009] NSWIRComm 30

FIRST APPLICANT: John Hosking West

PARTIES: SECOND APPLICANT: Heather West

RESPONDENT: The Owners of Strata Plan No 54288

FILE NUMBER(S): IRC 311 of 2007

CORAM: Staff J

CATCHWORDS: Unfair Contract - Application under s.106 of the Industrial Relations Act 1996 - Applicants engaged as caretakers of strata unit complex - Assignment of caretakers agreement to applicants by previous caretakers - Agreement for ten years with option for further ten years - Whether contract or agreement unfair because of failure to provide a review to market of the remuneration payable during the term of the contract - Whether contract unfair in respect of the amount of remuneration paid - Contract not designed to or did avoid the provisions of an award - Contract not unfair - Application dismissed - Costs

LEGISLATION CITED: Industrial Relations Act 1996 Strata Schemes Management Act 1996

A & M Thompson Pty Ltd and others v Total Australia Ltd (1980) 2 NSWLR 1; (1980) AR(NSW) 399 CASES CITED: Agius v Arrow Freightways Pty Limited [1965] AR (NSW) 77 at 89 Baker v National Distributions Services Limited (1993) 50 IR 254 at 271 Davies v General Transport Development Pty Limited [1967] AR (NSW) 37

HEARING DATES: 20/10/2008, 21/10/2008, 22/10/2008, 2/2/2009

DATE OF JUDGMENT: 13 March 2009

APPLICANT: Mr C Taylor of counsel Solicitors: Haynes Lawyers LEGAL REPRESENTATIVES: RESPONDENT: Mr A Rogers of counsel Solicitors: Somerville Laundry Lomax