Brian Moore v LE Stewart Investments Pty Ltd t-as Southern Highlands Taxi Service [2010] NSWIRComm 50

Industrial Court of New South Wales

CITATION: Brian Moore v LE Stewart Investments Pty Ltd t-as Southern Highlands Taxi Service [2010] NSWIRComm 50

APPLICANT: Brian Moore PARTIES: RESPONDENT: LE Stewart Investments Pty Ltd t/as Southern Highlands Taxi Service

FILE NUMBER(S): 3575 of 2006

CORAM: Backman J

CATCHWORDS: Unfair contract - s 106 of the Industrial Relations Act 1996 - applicant worked as a taxi driver under a bailment agreement with the respondent - whether applicant performed work for the respondent - nature of bailment agreement considered in context of s 106 of the Act - Held: applicant performed work for the respondent under the bailment agreement - whether applicant resigned or his engagement was terminated by the respondent - Held: applicant's engagement was terminated by the respondent - whether applicant's termination was unfair - Clause 29 of bailment agreement considered - Held: applicant's termination unfair having been effected without cause, without proper explanation and without notice - other claims of unfairness of agreement with regard to TARA payments, provision of uniform and requirement to pay costs of damage to taxis occasioned as a result of applicant's negligence rejected - relief - orders

Income Tax Assessment Act 1936 (Cth) LEGISLATION CITED: Industrial Arbitration Act 1940 Industrial Relations Act 1996 Passenger Transport (Taxi-Cab Services) Regulation 2001

Agius v Arrow Freightways Pty Ltd [1965] AR (NSW) 77 Angyal and Others v Industrial Relations Commission of New South Wales and Others (2005) 145 IR 56 Bowman v Ricegrowers Ltd (formerly Ricegrowers' Co-operative Ltd) (2007) 167 IR 325 Cherry v Allied Express Transport (1997) 73 IR 305 Davies & Anor v General Transport Development Pty Ltd & Ors [1967] AR (NSW) 371 Commissioner of Taxation v De Luxe Red and Yellow Cabs Co-operative (Trading) Society Ltd and Others (1998) 82 FCR 507 Ex parte V.G. Haulage Services Pty Ltd and Another; Re The Industrial Relations Commission of New South Wales and Another [1972] 2 NSWLR 81 Fish v Solution 6 Holdings Limited (2006) 225 CLR 180 Hardinge v Gert Schidor Design Pty Ltd (No 2) (2005) 142 IR 222 Kwik-Fit (G.B.) Ltd v Lineham [1992] ICR 183 Lavings v Barclay Mowlem Construction (NSW) Ltd (1994) 99 IR 247 Manni v Scully and Another [1967] AR (NSW) 606 CASES CITED: Payne v Foxboro L&N Pty Ltd and Another (1998) 81 IR 404 Production Spray Painting & Panel Beating Pty Ltd and Others v Newnham and Others (1991) 27 NSWLR 644 Ronan v University of Wollongong (1984) 9 IR 1 Ross v GN Comtext (Australia) Pty Limited (2000) 107 IR 1 Sheffield v Brambles Australia Limited and Another (2002) 112 IR 369 Solution 6 Holdings Ltd and Others v Industrial Relations Commission of New South Wales and Others (2004) 60 NSWLR 558 Sovereign House Security Services Ltd v Savage [1989] IRLR 115 Stevenson v Barham (1977) 136 CLR 190 Stocks & Parkes Investments Pty Ltd v The Minister [1971] 1 NSWLR 932 Sydney Water Corporation Ltd and Another v Industrial Relations Commission of NSW and Another (2004) 61 NSWLR 661 Sylvan Buildings Pty Ltd v AG&S Building Systems Pty Ltd and Another [2007] NSWIRComm 4 United Dominions Corporation Limited v Brian Proprietary Limited and Others (1985) 157 CLR 1 Vincenzo Paparo v Moree Plains Shire Council [2005] NSWIRComm 4 Yim v Industrial Relations Commission of NSW (2007) 162 IR 62