Sutton v BearingPoint Australia Pty Ltd [2008] NSWIRComm 161

Industrial Court of New South Wales

CITATION: Sutton v BearingPoint Australia Pty Ltd [2008] NSWIRComm 161

APPLICANT PARTIES: Mary Sutton RESPONDENT BearingPoint Australia Pty Ltd

FILE NUMBER(S): 5584 of 2005

CORAM: Marks J

CATCHWORDS: S106 unfair contract proceedings - interlocutory strike out application - summons asserts arrangement between applicant and respondent - payment made through invoices submitted by family company - assertion made by applicant taken at its highest in favour of the applicant - strike out application on basis that payments from respondent to family business exceeded remuneration cap - provisions of s108A only apply where proceedings relate to contract of employment - arrangement between applicant and respondent needs to be collateral to employment contract for s108A to apply - respondent states there is no relationship between applicant and respondent and asserts an alternative basis for application - respondent conceded no evidentiary basis for assertion - determination whether contract or arrangement sought to be impugned comes within s108A can only be made after factual enquiry has been undertaken - s108A cannot apply to the totality of monies and benefits - remuneration package referred to in s108A must be payable or receivable by an individual - strike out application fails - motion dismissed

LEGISLATION CITED: Industrial Relations Act 1996 s106, s108A

Bartolacci v Permanent Custodian (1992) 44 IR 388 CASES CITED: Lozevski v Goodman Fielder Consumer Foods Pty Ltd (2004) 144 IR 28 Shankland v Beta Alistine Pty Ltd [2007] NSWIRComm 111 Virtue v NSW Department of Education and Training (1999) 92 IR 428