David Andrew Kerr v Commander Australia Ltd [2003] NSWIRComm 232
A payment received within the relevant 12 months but relating to a prior period is not counted towards the remuneration cap for purposes of s 108A; only remuneration under the contract for the relevant period is considered. As the applicant received only $180,000 in the final 12 months, he is not precluded from making an application under s 106.
- Jurisdiction
- Australia
- Judgment Date
- 01 August 2003
- Procedural Posture
- Application Under S 106 of the Industrial Relations Act 1996 / Preliminary Objection to Jurisdiction
- Outcome
- Motion dismissed; applicant not barred from proceeding.
- Legal Topics
- ['unfair Contracts' 'remuneration Cap' 'jurisdiction of Industrial Relations Commission']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Preliminary Objection to Jurisdiction
Legal Issues
- 1 ["Whether the applicant's remuneration exceeded the statutory cap in the relevant 12 months, thereby barring application under s 106 of the Industrial Relations Act 1996."]
Ratio Decidendi
A payment received within the relevant 12 months but relating to a prior period is not counted towards the remuneration cap for purposes of s 108A; only remuneration under the contract for the relevant period is considered. As the applicant received only $180,000 in the final 12 months, he is not precluded from making an application under s 106.
Court Disposition
Motion dismissed; applicant not barred from proceeding.
Orders
- ['Motion be dismissed.' "Respondent to pay applicant's costs of the Motion, either as agreed or as assessed."]
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