Dennis Andison v Woolworths Limited [1995] IRCA 357

Dennis Andison v Woolworths Limited [1995] IRCA 357

Regulation 30B(3)(a) requires that the casual employee has actually been engaged by the employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 6 months. Because Mr Andison was a casual employee whose employment commenced on 25 May 1994 and was terminated on 24 June 1994, he had been employed for less than six months and was excluded from the relevant Division 3 rights. The Judicial Registrar therefore erred in declaring a contravention and ordering compensation.

Jurisdiction
Australia
Judgment Date
08 August 1995
Procedural Posture
Review Under S377 of the Industrial Relations Act 1988 of a Judicial Registrar's Determination of an Application Under S170 EA Concerning Termination of Employment / Application for Extension of Time for Filing Review Granted; Review Determined
Outcome
Time for filing the application for review was extended to 29 June 1995; the orders of the Judicial Registrar were revoked; Mr Andison's application under s170EA was dismissed.
Legal Topics
['termination of Employment' 'casual Employment' 'exclusion From Unfair Termination Provisions' 'construction of Industrial Relations Regulations Reg 30 B' 'extension of Time']
['employment Law' 'industrial Relations'] ['termination of Employment' 'casual Employment' 'exclusion From Unfair Termination Provisions' 'construction of Industrial Relations Regulations Reg 30 B' 'extension of Time']

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Procedural Posture

Review Under S377 of the Industrial Relations Act 1988 of a Judicial Registrar's Determination of an Application Under S170 EA Concerning Termination of Employment / Application for Extension of Time for Filing Review Granted; Review Determined

Legal Issues

  1. 1 ['Whether Division 3 of Part VIA of the Industrial Relations Act 1988 applied to a casual employee employed for less than six months.' 'Whether reg 30B(3)(a) of the Industrial Relations Regulations requires a casual employee to have in fact been employed on a regular and systematic basis for at least six months.' 'Whether time should be extended for Woolworths Limited to file the application for review.']

Ratio Decidendi

Regulation 30B(3)(a) requires that the casual employee has actually been engaged by the employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 6 months. Because Mr Andison was a casual employee whose employment commenced on 25 May 1994 and was terminated on 24 June 1994, he had been employed for less than six months and was excluded from the relevant Division 3 rights. The Judicial Registrar therefore erred in declaring a contravention and ordering compensation.

Court Disposition

Time for filing the application for review was extended to 29 June 1995; the orders of the Judicial Registrar were revoked; Mr Andison's application under s170EA was dismissed.

Orders

  • ['The orders made by the Judicial Registrar on 31 March 1995 are revoked.' 'The application under s170EA by Mr Dennis Andison is dismissed.']