Custovic v State of New South Wales (Department of Family and Community Services - Housing NSW) [2014] NSWIRComm 1007

Industrial Relations Commission New South Wales Medium Neutral Citation: Custovic v State of New South Wales (Department of Family and Community Services - Housing NSW) [2014] NSWIRComm 1007 Hearing dates: 10 December 2013; 26 February 2014, 28 February 2014 Decision date: 26 March 2014 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Application pursuant to s.84 dismissed for want of jurisdiction. Catchwords: Application pursuant to s.84 - respondent asserts want of jurisdiction - whether temporary employee - whether exclusion by regulation - whether inconsistency between Industrial Relations Act 1996 and Public Sector Employment and Management Act 2002 - held, application excluded by regulation - unnecessary to decide inconsistency question Legislation Cited: Industrial Relations Act 1996 s.84 Industrial Relations (General) Regulation 2001 r 6(1)(a) Public Sector Employment and Management Act 2002 s.7(1)(a), s.27, s.31 Cases Cited: Certain Lloyd's Underwriters and Underwriters Subscribing to Contract No IHOOAAQS v Cross (2012) 293 ALR 412 Damevski v Giudice (2003) 133 FCR 438 D'Lima v Board of Management, Princess Margaret Hospital for Children (1995) 64 IR 19 Clarke v Mid-North Coast Health Service (Cambridge C, unrep, 1 October 1999) Director of Public Employment by her agent the Commissioner of New South Wales Fire Brigades and New South Wales Fire Brigades Employees' Union [2008] NSWIRComm 158 Fisher v Edith Cowan University (No 2) (1997) 72 IR 464 Nguyen v Oliveri Transport Services [2005] NSWIRComm 1121 Wilton v Coal and Allied Operations Pty Ltd (2007) 162 IR 264 Category: Principal judgment Parties: Ms Behka Custovic - Applicant State of New South Wales (Department of Family and Community Services - Housing NSW) - Respondent Representation: C J Tanner - counsel for applicant A B Gotting - counsel for respondent Messrs Turner Freeman - solicitors for applicant Legal Services, Housing NSW - solicitor for respondent File Number(s): IRC 760 of 2013