NSW Caselaw
Industrial Court of New South Wales
CITATION: James Stanley Moore trading as Hastings Couriers v TNT Australia Pty Ltd [2006] NSWIRComm 181
APPLICANT: James Stanley Moore t/as Hastings Couriers PARTIES: RESPONDENT: TNT Australia Pty Ltd
FILE NUMBER(S): IRC 6282 of 2001
CORAM: Haylen J
Unfair contract - Industrial Relations Act 1996 - s 106 - courier engaged effectively full time under arrangement with respondent - termination of courier contract due to loss of contracts by respondent - after deduction of legitimate running expenses total remuneration paid to applicant less than that payable to an employee under the applicable award performing the same work - arrangement unfair - nature of arrangement such that recognition should have been given to effective redundancy of applicant - no basis for the payment of annual leave or long service leave - arrangement declared void ab initio - order preserving payments already made and further order requiring respondent to pay equivalent of award wages CATCHWORDS:
Industrial Relations Act 1996 LEGISLATION CITED: Transport Industry (State)Award Transport Industry - Redundancy (State) Award
A & M Thompson v Total Aust. Ltd 1980 2 NSWLR 1 at 13-14 Durham & anor v Ireland (1981) 1 IR 67 CASES CITED: English v Aradlay Insurance Brokers Pty Ltd (2005) 145 IR 129 at [35] Hughes v Harrington 1973 AR 73 at 77 Spicer v Clifford 1969 AR 273 Williams v Calmex Products Pty Ltd 1971 AR 264
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