The Development and Environmental Professionals' Association v Fairfield City Council and another [2008] NSWIRComm 24

Industrial Relations Commission of New South Wales

CITATION: The Development and Environmental Professionals' Association v Fairfield City Council and another [2008] NSWIRComm 24

APPLICANT The Development and Environmental Professionals' Association

PARTIES: FIRST RESPONDENT Fairfield City Council

SECOND RESPONDENT Local Government Association of New South Wales

FILE NUMBER(S): IRC 3022 of 2006

CORAM: Staff J

CATCHWORDS: Industrial dispute - Whether an apprentice was an employee of Fairfield Council during his apprenticeship or employed by another organisation - When contract entered into with Council - With whom was the contract of service during the apprenticeship - Principles for determining whether employment exists and with whom considered - Evidence - Whether an intention on behalf of the Council to enter into a contract of employment with apprentice - Held - No evidence of intention to enter into legal relations between apprentice and Council - Apprentice employed by another organisation - Nothing unfair or unjust in the treatment of apprentice - Orders refused

Apprenticeship and Traineeship Act 2001 (NSW) LEGISLATION CITED: Industrial and Commercial Training Act 1989 (NSW) Industrial Relations Act 1996 (NSW)

Australian Broadcasting Corporation v XIVth Commonwealth Games Limited (1988) 18 NSWLR 540 Dalgety Farmers Ltd t/a Grazcos v Bruce and Anor (1995) 12 NSWCCR 36 Drake Personnel Ltd T/a Drake Industrial v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 432 CASES CITED: Hollis v Vabu Pty Ltd (2001) 207 CLR 21 Jones v Dunkel (1959) 101 CLR 298 Labour Co-operative Ltd v WorkCover Authority of New South Wales (Inspector Robins) (2003) 121 IR 78 Swift Placements Pty Limited v WorkCover Authority of New South Wales (Inspector May) (2000) 96 IR 69 WorkCover Authority of New South Wales (Inspector Legge) v Coffey Engineering Pty Limited (No 2) (2001) 110 IR 447