Matthew Costin v Subway Development of NSW-ACT Pty Ltd [2006] NSWIRComm 196

Industrial Court of New South Wales

CITATION: Matthew Costin v Subway Development of NSW-ACT Pty Ltd [2006] NSWIRComm 196

APPLICANT: Matthew Costin PARTIES: RESPONDENT: Subway Development of NSW/ACT Pty Ltd

FILE NUMBER(S): IRC 6387 of 2003

CORAM: Haylen J

CATCHWORDS: Unfair contract - Industrial Relations Act 1996 - s 106 - employment of field consultant by franchise operator - work involves travelling long distances - some work performed out of normal hours and at weekend - representation that a fully maintained motor vehicle to be supplied in addition to contract salary - representation denied by respondent - respondent deducts lease payments for vehicle from applicant's salary claiming agreement to salary sacrifice - motor vehicle owned by respondent - running expenses of motor vehicle fully met by respondent - held representation made by respondent as alleged by applicant - contract unfair in its operation - applicant entitled to recover lease payments deducted by respondent - level of deduction unclear on evidence - respondent's evidence accepted that about $700 per month deducted for lease payments - allegation of excessive overtime - claim for payment of overtime - evidence falls short of establishing average weekly hours claimed by applicant - contract varied to include allowance for extensive travelling and spread of hours required to perform duties - claim for superannuation payable at nine per cent within total remuneration package of $32,500 - claim made out - respondent to meet shortfall in superannuation payments - contract varied

HEARING DATES: 08/05/06, 09/05/06, 10/05/06, 11/05/06, 12/05/06