Gregory Cartaar v Australia Post [2009] NSWIRComm 186

Industrial Court of New South Wales

CITATION: Gregory Cartaar v Australia Post [2009] NSWIRComm 186

PARTIES: Gregory John Cartaar (Applicant) Australia Post (Respondent)

FILE NUMBER(S): IRC5585 of 2005

CORAM: Kavanagh J

CATCHWORDS: UNFAIR CONTRACT - claim under s106 of the Industrial Relations Act 1996 - three parcel pickup and delivery contracts - bargains freely made - contractor or employee - question as to whether the contracts' purpose was avoidance of award provisions - applicant's non-compliance with particulars of service - dispute resolution procedure under contracts failed to resolve issue between parties - contracts varied by respondent for hours of work - fair remuneration dispute - award rates a guide to appropriate earnings - failure to comply with practice of respondent for the sale of truck with work - contracts held to be unfair - contracts to be varied as to fair rate of pay - contract clause as to sale of truck with work void ab initio - compensation determined with contracts being viewed as one overall arrangement for pick up and delivery service - orders for payment of just compensation

Industrial Relations Act 1996 LEGISLATION CITED: Australian Postal Corporation Act 1989 Civil Procedure Act 2005

Abdalla v Viewdaze Pty Ltd (2003) 122 IR 215 All-Fect Distributors Ltd & Ors v Stewart (2007) 160 IR 90 Autobake Pty Limited v Budd (1986) 19 IR 18 Hollis v Vabu (2001) 207 CLR 21 CASES CITED: James Stanley Moore t/as Hastings Couriers v TNT Australia Pty Ltd [2006] NSWIRComm 181 Mozzoni v Dean [1970] AR (NSW) 1 Stevens v Brodribb Sawmilling Co Pty Ltd (1985) 160 CLR 16 Spicer v Clifford [1969] AR (NSW) 273 Stewart v All-Fect Distributors Ltd&Ors [2006] NSWIRComm 195