Harmer v. Shoalhaven Community Housing Scheme Limited [2006] NSWIRComm 1165

Industrial Relations Commission of New South Wales

CITATION: Harmer v. Shoalhaven Community Housing Scheme Limited [2006] NSWIRComm 1165

APPLICANT Leanne Marie Harmer PARTIES: RESPONDENT Shoalhaven Community Housing Scheme Limited

FILE NUMBER(S): IRC 3350 of 2006

CORAM: Connor C

CATCHWORDS: termination of employment - claim of unfair dismissal - jurisdiction challenged with a notice of motion - the Work Choices legislation - what constitutes a trading and financial corporation for the purposes of Work Choices legislation - matter settled by conciliation - leave for discontinuance granted

Industrial Relations Act 1996 LEGISLATION CITED: Local Government Act, 1919 Federal Workplace Relations Amendment (Work Choices) Act, 2005

Actors and Announcers Equity Association v. Fontana Films Pty Limited (1982) 150 CLR 169 Australian Red Cross Society Case (1991) 27 FCR 310 Burrows v. Shire of Esperance - unreported Commissioner of Main Roads Case (1976) AR 370 District Council of Karoonda East Murray Enterprise Agreement (No.6) Case - unreported Educang Case - unreported Mid Density Development Pty Limited v. Rockdale Municipal Council (1992) 39 FCR 579 CASES CITED: Pellow v. Umoona Community Council - unreported Quickenden v. O'Connor (2001) 109 FCR 243 R v. Judges of the Federal Court of Australia; ex parte Western Australian National Football League (1979 - 1980) 143 CLR 190 R v. Trade Practices Tribunal; ex parte St George County Council (1973 - 1974) 130 CLR 533 Sheehan v. Manly Warringah Pittwater Community Aid Service [2006] NSWIRComm 1154 State Superannuation Board v. Trade Practices Commission (1982) 150 CLR 282 Sugar Manufacturers Case (1926) AR 113 Tasmanian Dams Case (1983) 150 CLR 282