Alexandra Boyce v Industrial Relations Secretary on behalf of the Australian Museum Trust [2019] NSWIRComm 1013

Industrial Relations Commission New South Wales Medium Neutral Citation: Alexandra Boyce v Industrial Relations Secretary on behalf of the Australian Museum Trust [2019] NSWIRComm 1013 Hearing dates: 18 December 2018 Date of orders: 18 February 2019 Decision date: 18 February 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: (1) Direct that the name of the respondent be amended to Industrial Relations Secretary on behalf of the Australian Museum Trust.

(2) The jurisdictional objection raised by the respondent is dismissed.

(3) The matter is listed for directions at 9.30am on 4 March 2019. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – unfair dismissal – jurisdictional objection – whether employee dismissed – whether employee on fixed term contract that expired through effluxion of time – statutory employment – contract must be consistent with statutory scheme – meaning of "temporary employment" under Government Sector Employment Act Legislation Cited: Government Sector Employment Act 2013 (NSW) ss 42, 43, 47, 50 Industrial Relations Act 1996 (NSW) ss 83, 84, 163 Public Sector Employment and Management Act 2002 (NSW) ss 7, 27 Cases Cited: Corrective Services NSW v Danwer [2013] NSWIRComm 61 Director-General of Education and Ors v Suttling (1986) 162 CLR 427 Grant Johnson and Department of Industry (On Behalf of the Secretary of Department of Industry) [2017] NSWIRComm 1067 Smith v Director General of Education (1993) 51 IR 204 Category: Procedural and other rulings Parties: Alexandra Boyce (Applicant)