NSW Caselaw
Industrial Court of New South Wales
CITATION: Barry v Sydney Water Corporation [2007] NSWIRComm 163
APPLICANT: Julie-Anne Barry PARTIES: RESPONDENT: Sydney Water Corporation
FILE NUMBER(S): IRC 2883 of 2005
CORAM: Marks J
CATCHWORDS: Unfair contract s106 proceedings - work performed through series of term contracts - allegations of unfairness based on lack of security of employment and denial of termination and redundancy payment - necessary to identify a contract or arrangement to which unfairness is attached - no evidence of an understanding or arrangement that there would be continuity of work - employment pursuant to a succession of fixed term contracts does not indicate an understanding of continued employment on an indefinite basis - hope or expectation of continued employment is not sufficient for the Court to interfere in the contract - contract was freely made and the provisions were understood - the contract being for a fixed term does not render it unfair - proceedings dismissed
LEGISLATION CITED: Industrial Relations Act 1996 ss105, 106, 108B
Fish v Solution 6 Holdings (2006) 225 CLR 180 CASES CITED: Mitchforce Pty Ltd v Starkey (No 2) (2003) 130 IR 378 Schwartz v Sydney City Area Health Service and anor (2002) NSWIRComm 79
HEARING DATES: 12 June, 13 June, 14 June 2007
DATE OF JUDGMENT: 3 July 2007
APPLICANT: Mr M Gibian of counsel Solicitor: Mr J Sefton Employment Lawyers LEGAL REPRESENTATIVES: RESPONDENT: Ms E Brus of counsel Solicitor: Mr J Mattson Bartier Perry Solicitors
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