Cosmetic Suppliers Pty Ltd & Anor v Great Scott International Pty Ltd & Anor [2007] NSWIRComm 257

Industrial Court of New South Wales

CITATION: Cosmetic Suppliers Pty Ltd & Anor v Great Scott International Pty Ltd & Anor [2007] NSWIRComm 257

FIRST APPELLANT: Cosmetic Suppliers Pty Ltd

SECOND APPELLANT: Sebastian Australia Pty Ltd PARTIES: FIRST RESPONDENT: Great Scott International Pty Ltd

SECOND RESPONDENT: Scott Evans Krauss

FILE NUMBER(S): IRC 3580 of 2006

CORAM: Wright J President; Walton J Vice-President; Backman J

CATCHWORDS: Appeal - Unfair contract - Application under s106 of the Industrial Relations Act 1996 - Arrangement at first instance found to be unfair on the basis that a sales agency agreement did not provide for notice of termination - Whether there was a failure to identify the arrangement whereby a person performs work in any industry - Whether there was a failure to include in the order under s106(5) made in favour of the first respondent, wages and superannuation paid to the second respondent - Whether the wrong question addressed in considering the issue of whether the arrangement was unfair - Whether appellants denied natural justice - Whether misdirection as to factors taken into account in determining the period of notice - Whether principle of mitigation should have been applied - Challenges unsuccessful save as to issue of mitigation - Held: principle of mitigation fell to be applied but amount earned by second respondent post-termination not substantial and may therefore be disregarded for the purposes of s106(5) - Leave to appeal granted - Appeal dismissed - Costs.

LEGISLATION CITED: Industrial Relations Act 1996