Sparke v Hay [2013] NSWIRComm 70

Industrial Relations Commission New South Wales Medium Neutral Citation: Sparke v Hay [2013] NSWIRComm 70 Hearing dates: 16 April 2013; 13 June 2013; 14 June 2013; 24 June 2013; 27 June 2013; 14 August 2013 Decision date: 22 August 2013 Before: Boland J, President Decision: (1) Leave to appeal is granted. (2) The appeal is dismissed. (3) No order as to costs. Catchwords: APPEAL - Application for leave to appeal and appeal by employer and apprentice from decision and orders of Vocational Training Appeal Panel in relation to cancellation of apprenticeship - Hearing de novo - Consideration of whether there had been compliance by employer with relevant provisions of Apprenticeship and Traineeship Act 2001 - Consideration of whether there had been compliance by employer with Training Plan and Training Contract - Leave granted - Appeal dismissed. Legislation Cited: Apprenticeship and Traineeship Act 2001 Electricity (Consumer Safety) Act 2004 Home Building Act 1989 Industrial Relations Act 1996 Cases Cited: Apthorpe v Repatriation Commission [1987] FCA 423 Dare v Dietrich [1979] FCA 47; (1979) 37 FLR 175 Ryano Pty Ltd v New South Wales Department of Education and Training [2009] NSWIRComm 180 Salerno v National Crime Authority & Ors [1997] FCA 475 Sparke v Vocational Training Appeal Panel [2013] NSWIRComm 18 Category: Principal judgment Parties: David Sparke (First Appellant) Sue Sparke (Second Appellant) Garth Peter Hay (First Respondent) Vocational Training Appeal Panel (Second Respondent submitting appearance) Representation: Mr T J Dixon of Counsel for the First Respondent The appellants were self-represented Mr C Miles for the First Respondent File Number(s): IRC 1087 of 2012