Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales on behalf of Hookey v State of New South Wales (Department of Health, Mental Health Review Tribunal) [2012] NSWIRComm 13

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales on behalf of Hookey v State of New South Wales (Department of Health, Mental Health Review Tribunal) [2012] NSWIRComm 13 Hearing dates: 20 and 21 February 2012 Decision date: 14 March 2012 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: The Court makes the following orders: (1) The application in Matter No IRC 1632 of 2009 is dismissed. (2) The application in Matter No IRC 1633 of 2009 is dismissed. (3) Costs are reserved. The parties shall file any submissions regarding costs within 14 days of this judgment. Unless a party wishes to be heard on costs the question of costs will be determined on the papers. Catchwords: UNFAIR CONTRACT - Claim by former part-time member of Mental Health Review Tribunal that contract or arrangement unfair in that it failed to provide payment in respect of untaken annual leave and long service leave accumulated during appointments as part-time member - Whether arrangements constituted a contract whereby person performed work in any industry - Whether applicant an employee or officer - Consideration of various indicia - Whether applicant exercised "an independent responsibility cast on him by the law" - Whether compliance with administrative arrangements constituted work in an industry - No relationship analogous to employer/employee - Held there was no relevant contract attracting the Court's jurisdiction under s 106 of the Industrial Relations Act 1996 - Application dismissed