Ryan v NSW Department of Education and Training [2006] NSWIRComm 178

Industrial Relations Commission of New South Wales in Court Session

CITATION: Ryan v NSW Department of Education and Training [2006] NSWIRComm 178

APPELLANT Terry Ryan PARTIES: RESPONDENT New South Wales Department of Education and Training

FILE NUMBER(S): 968 of 2006

CORAM: Staff J

CATCHWORDS: Appeal - Apprenticeship and traineeship - Application for leave to appeal and appeal - Extension of time - Application for trade recognition as a motor mechanic - Requirement to undertake trade test - Whether appellant properly and fairly tested - Extension of time granted - Appeal upheld - Orders made

LEGISLATION CITED: Apprenticeship and Traineeship Act 2001

Cavacuiti v Toyota Motor Corp Australia (2002) 122 IR 247 Gabrielle Weisser v Spur Group Pty Ltd (unreported, Walton J Vice-President, 2 September 2002, matter No IRC 3744 of 2002) Skelly v Proud Jewellers Pty Ltd (1994) 53 IR 3 CASES CITED: Tadic v Beslic [2001] NSWIRComm 107 Topman v State Rail Authority of New South Wales [2004] NSWIRComm 272 Van Rooy Machinery Pty Limited v WorkCover Authority of New South Wales (Inspector Wolf) (2000) 97 IR 436 WorkCover Authority of New South Wales (Inspector Salmon) v Parkes Council (1996) 70 IR 298

HEARING DATES: 03/05/2006

DATE OF JUDGMENT: 05/26/2006

APPELLANT Terry Ryan In person LEGAL REPRESENTATIVES: RESPONDENT Dr M McFadden of counsel Solicitor: Ms L Watson NSW Department of Education and Training