NSW Caselaw
Industrial Court of New South Wales
CITATION: Camilleri v Auto Recyclers Pty Limited & Anor [2008] NSWIRComm 84
APPLICANT (Respondent on Motion): Michael Camilleri
PARTIES: FIRST RESPONDENT (Applicant on Motion): Auto Recyclers Pty Limited trading as Pick and Pay Less Self Serve Auto Parts
SECOND RESPONDENT (Applicant on Motion): Garry Rush
FILE NUMBER(S): IRC 984 of 2006
CORAM: Boland J President
CATCHWORDS: Unfair contract - Interlocutory proceedings - Strike out motion by respondents - Claim that the Industrial Court of New South Wales was without jurisdiction because applicant's employment covered by a federal award - Held premature to strike out summons for relief.
Industrial Relations Act 1996 s 106 LEGISLATION CITED: The Constitution s 109 Workplace Relations Act 1996 (Cth) s 152(1)
Blackley v Devondale Cream (Vic.) Pty. Ltd. (1968) 117 CLR 253 Burgess v Mount Thorley Operations Pty Ltd (2003) 132 IR 400 Construction, Forestry, Mining and Energy Union (New South Wales Branch) v Port Kembla Coal Terminal Limited [2007] NSWIRComm 296 CASES CITED: Majik Markets Pty Ltd v Brake and Service Centre Drummoyne Pty Ltd and Others (1991) 28 NSWLR 443 Mt Thorley Operations Pty Ltd v Burgess and Others (2001) 103 IR 184 Scott v Piccone (2002) 117 IR 35 Telstra Corporation Limited v Worthing and Another (1999) 197 CLR 61 Thornwaite v Australian National Credit Union Ltd (2002) 116 IR 438
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