Mayo v W & K Holdings (NSW) Pty Ltd as Trustee for W & K Family Trust trading as W & K Constructions [2009] NSWIRComm 67

Industrial Relations Commission of New South Wales

CITATION: Mayo v W & K Holdings (NSW) Pty Ltd as Trustee for W & K Family Trust trading as W & K Constructions [2009] NSWIRComm 67

APPLICANT: Laureen Margaret Mayo PARTIES: RESPONDENT: W & K Holdings (NSW) Pty Ltd as Trustee for W & K Family Trust trading as W & K Constructions

FILE NUMBER(S): IRC 1877 of 2008

CORAM: Boland J President; Harrison DP; Stanton C

UNFAIR DISMISSAL - Interlocutory proceedings - Jurisdiction - Whether employer of the applicant was a constitutional corporation and that by virtue of the relevant provisions of the Workplace Relations Act 1996 (Cth), the Industrial Relations Commission of New South Wales had no jurisdiction to hear and determine applicant's unfair dismissal claim - Whether Trust was an employer - Corporate Trustee - Whether corporate Trustee a trading corporation - Unfair dismissal application dismissed CATCHWORDS: JURISDICTION - Unfair dismissal claim - Whether employer of the applicant was a constitutional corporation and that by virtue of the relevant provisions of the Workplace Relations Act 1996 (Cth), the Industrial Relations Commission of New South Wales had no jurisdiction to hear and determine applicant's unfair dismissal claim - Whether Trust was an employer - Corporate Trustee - Whether corporate Trustee a trading corporation - Unfair dismissal application dismissed

Commonwealth Constitution LEGISLATION CITED: Industrial Relations Act 1996 Workplace Relations Act 1996 (Cth)

CASES CITED: Garvey v Institute of General Practice Education Incorporated [2007] NSWIRComm 159; (2007) 165 IR 62 Solo Waste Aust. Pty. Limited v Inspector McDonald [2005] NSWIRComm 106; (2005) 141 IR 332