Ullrich v Commissioner for Fair Trading [2014] NSWCATOD 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ullrich v Commissioner for Fair Trading [2014] NSWCATOD 11 Hearing dates: 9 December 2013 Decision date: 13 March 2014 Jurisdiction: Occupational Division Before: A Scahill, Senior member Decision: The decision is affirmed Legislation Cited: Home Building Act 1989 Home Building Regulation 2004 Licensing and Registration (Uniform Procedures) Act 2002 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179, (1979) 46 FLR 409 Tange v NSW Fair Trading [2013] NSWADT 201 Category: Principal judgment Parties: Simon Ullrich (Applicant) Takahe Enterprises Pty Ltd (Applicant) Commissioner of Fair Trading (Respondent) Representation: S Ullrich (Applicant in person) W Maynard (Respondent) File Number(s): 133289, 133290

reasons for decision

Introduction 1The Applicant in this matter, Mr Ullrich, has applied for a review of a decision to refuse his application for a qualified supervisor certificate in the category of "general building work." Mr Ullrich did not hold prior licensing in the building industry in NSW. The Department of Finance and Services refused that application because Mr Ullrich had not demonstrated that he has a minimum of two years relevant industry experience in a wide range of building construction work as required by the relevant Act, Regulations and Instrument. 2The Tribunal also notes that an identical Application for a contractor licence was made by Takahe Enterprises Pty Ltd the corporate entity which employs the Applicant. In applying for a contractor licence, Mr Ullrich is seeking to become the company's nominated supervisor. The parties and the Tribunal agree that the outcome in Mr Ullrich's application will be the outcome of Takahe's application.