Boyd and Another v Maxx Implementation Pty Limited and Others (No 2) [2008] NSWIRComm 121

Industrial Court of New South Wales

CITATION: Boyd and Another v Maxx Implementation Pty Limited and Others (No 2) [2008] NSWIRComm 121

LINDSAY DOUGLAS BOYD First Applicant

FINGER LIMEING GOOD PTY LIMITED (FORMERLY ALCONLEIGH PTY LIMITED) (ACN 076 969 465) AS TRUSTEE FOR THE ALCONLEIGH TRUST Second Applicant

MAXX IMPLEMENTATION PTY LIMITED (ACN 073 058 849) First Respondent

PARTIES: MAXX PTY LIMITED (ACN 098 422 354) Second Respondent

GERHARD MARTIN LUDWIG Third Respondent

EBENEZER GUMNUT PTY LIMITED (ACN 073 555 898) AS TRUSTEE FOR THE GM LUDWIG FAMILY DISCRETIONARY TRUST Fourth Respondent

FILE NUMBER(S): IRC 1509 of 2004

CORAM: Schmidt J

CATCHWORDS: Unfair contract - organisational change business - were proceedings against fourth respondent commenced within time - not brought within time - were claims made in relation to profit share within jurisdiction - was the business transferred to second respondent - was the first applicant employed by second respondent - claim established - were the contracts between the applicants and first respondent unfair - unfairness established - was the contract between first applicant and second respondent unfair - unfairness established - question as to who terminated employment contract - constructive dismissal established - contracts varied in relation to notice, payment of salary, expenses, statutory entitlements and calculation of profit share - money orders - no orders against first respondent - consideration of deed of company arrangement agreed by first and second applicants - discretion to make money orders declined, deed to be given effect - money orders made against second and third respondents - no case established for a money order against fourth respondent - money orders against second and third respondents