Ryan v Furneys Stockfeeds Limited [1996] IRCA 112

Ryan v Furneys Stockfeeds Limited [1996] IRCA 112

The applicant was a weekly employee covered by clause 20 of the Milling Industry Award 1990 (Cth), which fixed a three month probationary period from engagement. Regulation 30B(1)(c) was not confined to probationary periods contained in contracts of employment; it could be satisfied by an award provision operating...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 March 1996
Procedural Posture
Application by Respondent Employer Under S 377(1) of the Industrial Relations Act 1988 (cth) to Review a Decision of a Judicial Registrar Concerning Termination of Employment / Review of Judicial Registrar's Decision
Outcome
Application for review allowed; orders of the Judicial Registrar set aside.
Legal Topics
['probationary Employee Exclusion' 'regulation 30 B(1)(c)' 'award Probationary Period' 'expressio Unius Maxim' 'procedural Fairness' 'valid Reason for Termination' 'compensation']
['industrial Law' 'statutory Interpretation' 'termination of Employment'] ['probationary Employee Exclusion' 'regulation 30 B(1)(c)' 'award Probationary Period' 'expressio Unius Maxim' 'procedural Fairness' 'valid Reason for Termination' 'compensation']

Source-derived case record

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Procedural Posture

Application by Respondent Employer Under S 377(1) of the Industrial Relations Act 1988 (cth) to Review a Decision of a Judicial Registrar Concerning Termination of Employment / Review of Judicial Registrar's Decision

Legal Issues

  1. 1 ['Whether the applicant was a probationary employee within reg 30B(1)(c) and excluded from Division 3 of Part VIA of the Industrial Relations Act 1988 (Cth).' 'Whether reg 30B(1)(c) requires the probationary period to be a term of the contract of employment or can be satisfied by an award provision.' 'Whether the three month probationary period under clause 20 of the Milling Industry Award 1990 (Cth) was reasonable having regard to the nature and circumstances of the employment.' 'If Division 3 applied, whether termination contravened ss 170DC and 170DE of the Industrial Relations Act 1988 (Cth).' "If Division 3 applied, whether the Judicial Registrar's compensation award was excessive."]

Ratio Decidendi

The applicant was a weekly employee covered by clause 20 of the Milling Industry Award 1990 (Cth), which fixed a three month probationary period from engagement. Regulation 30B(1)(c) was not confined to probationary periods contained in contracts of employment; it could be satisfied by an award provision operating with statutory force. The three month award probationary period was determined in advance and was reasonable having regard to the nature and circumstances of the employment. The applicant was therefore excluded from Division 3 of Part VIA of the Industrial Relations Act 1988 (Cth), so the Judicial Registrar's orders could not stand.

Court Disposition

Application for review allowed; orders of the Judicial Registrar set aside.

Orders

  • ['The orders of the Judicial Registrar be set aside.']