NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Tanya Mazza, Peter Shalala, Anthony La Grazia and Gregory Nettle v Syddeck Pty Ltd trading as Royale Limousines and anor. [2006] NSWIRComm 44
APPLICANTS: Tanya Mazza Peter Shalala Anthony La Grazia PARTIES: Gregory Nettle
RESPONDENTS: Syddeck Pty Ltd t/as Royale Limousines and John Peter Bartolotta
FILE NUMBER(S): IRC 3328, 4273, 4792 and 5404 of 2003
CORAM: Haylen J
CATCHWORDS: Unfair contract - Industrial Relations Act 1996 - s 106 - engagement of chauffeurs to drive hire cars - employer asserts engagement to be as independent cotractors - applicants claim to be employed and covered by State Award - issue as to coverage of work by any award - arrangements found in their operation to provide for less than provided by award for same work - arrangement found to be unfair - orders proposed after discussion between parties
Brown v Rezitis (1970) 127 CLR 157 at 168 Hollis v Vabu Pty Ltd (2001) 207 CLR 21 CASES CITED: Pugliano v Syddeck Pty Ltd (unreported, CIM, 6 September 2005) Re Motor Drivers and Conductors (State) and Chauffeurs (State) Conciliation Committees (1947) AR 12 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 Transport Workers' Union of New South Wales v Syddeck Pty Ltd t/as "Royale Limousines" [2003] NSWCIM C92
HEARING DATES: 26/09/2005; 27/09/2005; 29/09/2005; 31/01/2006; 01/02/2006
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