Australian Co-operative Foods Ltd v SW & JD Reilly & Sons Pty Ltd [2011] NSWCA 148

Australian Co-operative Foods Ltd v SW & JD Reilly & Sons Pty Ltd [2011] NSWCA 148

It was not reasonably arguable that the delivery contract could not fall within s 106 of the Industrial Relations Act 1996 (NSW); the character of the work, control exercised by Dairy Farmers, and practical effect of the contract made the issue one requiring evaluative judgment and thus inappropriate for summary dismissal.

Parties
Applicant: Australian Co-operative Foods Ltd; First Respondent: SW & JD Reilly & Sons Pty Ltd; Second Respondent: Industrial Court of New South Wales
Jurisdiction
Australia
Judgment Date
10 June 2011
Procedural Posture
Appeal / Court of Appeal Decision on Supervisory Jurisdiction Following Dismissal of Strike Out Application
Outcome
Application dismissed
Legal Topics
Unfair Contracts, Jurisdiction of Industrial Court (nsw), Summary Dismissal, Industrial Instruments
Industrial Law Civil Procedure Unfair Contracts Jurisdiction of Industrial Court (nsw) Summary Dismissal Industrial Instruments

Case Brief

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Parties

Australian Co-operative Foods Ltd

Applicant

SW & JD Reilly & Sons Pty Ltd

First Respondent

Industrial Court of New South Wales

Second Respondent

Procedural Posture

Appeal / Court of Appeal Decision on Supervisory Jurisdiction Following Dismissal of Strike Out Application

Legal Issues

  1. 1 Whether the contract for delivery of milk was a contract whereby a person performs work in an industry for the purposes of s 106 Industrial Relations Act 1996 (NSW)
  2. 2 Whether there was a reasonably arguable case as to the Industrial Court's jurisdiction
  3. 3 Appropriateness of summary dismissal of proceedings

Ratio Decidendi

It was not reasonably arguable that the delivery contract could not fall within s 106 of the Industrial Relations Act 1996 (NSW); the character of the work, control exercised by Dairy Farmers, and practical effect of the contract made the issue one requiring evaluative judgment and thus inappropriate for summary dismissal.

Court Disposition

Application dismissed

Orders

  • Direct that SW & JD Reilly & Sons Pty Ltd be the first respondent.
  • Dismiss the summons.