Forest Coach Lines Pty Ltd v Commissioner for Vocational Training [2019] NSWCATAD 181

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Forest Coach Lines Pty Ltd v Commissioner for Vocational Training [2019] NSWCATAD 181 Hearing dates: 29 March 2019 and 10 May 2019 Date of orders: 11 September 2019 Decision date: 11 September 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: The decision of respondent is affirmed. Catchwords: ADMINISTRATIVE LAW – Apprenticeship Traineeship Act – Contract – competing agreements – whether decision to terminate was reasonable – whether Commissioner's powers allowed determination Legislation Cited: Administrative Decisions Review Act 1997 Anti Discrimination Act 1997 Apprenticeship and Trainee Act 2001 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Commonwealth of Australia Constitution Act 1901 (Cth) Fair Work Act 2001 (Cth). Cases Cited: Zhang v BM Sydney Building Materials Pty Ltd [2016] NSWCA 166 Texts Cited: Lewison and Hughes, Interpretation of Contracts in Australia (2002 Lawbook Co) Category: Principal judgment Parties: Forest Coach Lines Pty Limited (Applicant) Commissioner for Vocational Training (First Respondent) Nicholas Macoun (Second Respondent) Representation: Counsel: Mr S Sykes (Respondent)

Solicitors: K and L Gates (Applicant) Sparke Helmore Lawyers (First Respondent) Second Respondent (Self-represented) File Number(s): 2019/00047157