Faraci v The Leak Shop Pty Ltd [2003] NSWIRComm 169

Faraci v The Leak Shop Pty Ltd [2003] NSWIRComm 169

The contractual arrangement was unfair as it allowed wrongful deduction of WorkCover premiums, unauthorised retention of monies, and failure to pay superannuation contributions, entitling the applicant to recovery of these amounts and indemnity costs under s106, irrespective of whether the relationship was of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 June 2003
Procedural Posture
Application Under S106 of the Industrial Relations Act 1996 / Substantive Hearing Conducted Ex Parte
Outcome
Orders in favour of applicant for recovery of specified sums and costs on an indemnity basis to be determined by the court
Legal Topics
['unfair Contract' 'superannuation Guarantee Contributions' 'work Cover Premiums' 'bad Workmanship Retention' 'employment Versus Contractor Relationship']
['industrial Relations' 'employment Law'] ['unfair Contract' 'superannuation Guarantee Contributions' 'work Cover Premiums' 'bad Workmanship Retention' 'employment Versus Contractor Relationship']

Source-derived case record

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Procedural Posture

Application Under S106 of the Industrial Relations Act 1996 / Substantive Hearing Conducted Ex Parte

Legal Issues

  1. 1 ['Whether the contractual relationship was one of employment or principal/contractor' 'Recovery of WorkCover premiums' 'Failure to make superannuation guarantee contributions' 'Retention of moneys for alleged bad workmanship' 'Jurisdiction and appropriateness of orders under s106']

Ratio Decidendi

The contractual arrangement was unfair as it allowed wrongful deduction of WorkCover premiums, unauthorised retention of monies, and failure to pay superannuation contributions, entitling the applicant to recovery of these amounts and indemnity costs under s106, irrespective of whether the relationship was of employment or contractor, as the statutory test requires only that work in any industry was performed under contract.

Court Disposition

Orders in favour of applicant for recovery of specified sums and costs on an indemnity basis to be determined by the court

Orders

  • ["The contract between applicant and respondent was declared unfair at inception and became unfair due to respondent's conduct." "The respondent to pay applicant or as nominated $5,406.03, comprising principal and interest with respect to WorkCover premiums and retention monies ($2,261.62), and superannuation...