Mr247 Plumbing Pty Ltd v Daniel Buddee [2015] NSWIC 4

Mr247 Plumbing Pty Ltd v Daniel Buddee [2015] NSWIC 4

The Chief Industrial Magistrate's order was made pursuant to the Fair Work Act 2009 (Cth), not under the Industrial Relations Act 1996. Section 197 of the Industrial Relations Act 1996 does not provide an appeal to the Industrial Court from such an order, and no other New South Wales law was identified that would provide an appeal for the purposes of s 565(1A)(a) of the Fair Work Act 2009 (Cth). The Industrial Court therefore lacked jurisdiction to deal with the appeal, so the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
05 March 2015
Procedural Posture
Appeal From Local Court of Nsw, Chief Industrial Magistrate's Court, Under S 197(1) of the Industrial Relations Act 1996 Concerning Unpaid Entitlements Under the Fair Work Act 2009 (cth) / Jurisdictional Determination on Application for Leave to Appeal and Appeal
Outcome
The appeal is dismissed.
Legal Topics
['unpaid Entitlements' 'national Employment Standards' 'eligible State or Territory Court' "appeals From Chief Industrial Magistrate's Court" 'small Claims Procedure']
['industrial Relations' 'employment Law' 'appellate Jurisdiction'] ['unpaid Entitlements' 'national Employment Standards' 'eligible State or Territory Court' "appeals From Chief Industrial Magistrate's Court" 'small Claims Procedure']

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Procedural Posture

Appeal From Local Court of Nsw, Chief Industrial Magistrate's Court, Under S 197(1) of the Industrial Relations Act 1996 Concerning Unpaid Entitlements Under the Fair Work Act 2009 (cth) / Jurisdictional Determination on Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether the Fair Work Act 2009 (Cth) is an Act which expressly confers jurisdiction on an industrial magistrate within the meaning of s 382(1) of the Industrial Relations Act 1996.' "Whether the Chief Industrial Magistrate's Court is a court when exercising federal jurisdiction." "Whether s 197 of the Industrial Relations Act 1996 or any other New South Wales law provides for an appeal from the Chief Industrial Magistrate's Court as an eligible State court to the Industrial Court as another eligible State court for the purposes of s 565(1A) of the Fair Work Act 2009 (Cth)."]

Ratio Decidendi

The Chief Industrial Magistrate's order was made pursuant to the Fair Work Act 2009 (Cth), not under the Industrial Relations Act 1996. Section 197 of the Industrial Relations Act 1996 does not provide an appeal to the Industrial Court from such an order, and no other New South Wales law was identified that would provide an appeal for the purposes of s 565(1A)(a) of the Fair Work Act 2009 (Cth). The Industrial Court therefore lacked jurisdiction to deal with the appeal, so the appeal was dismissed.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.' 'Parties have liberty to apply within seven days from the date of this judgment should either party seek to apply in respect of costs.']