Youry Dawidar v One Steel Wire Pty Ltd and another [2004] NSWIRComm 372

Youry Dawidar v One Steel Wire Pty Ltd and another [2004] NSWIRComm 372

Section 108B of the Industrial Relations Act 1996 applies to applications for relief under section 106 filed after 24 June 2002 in relation to a contract terminated before or after that date, provided more than 12 months have elapsed since termination. The provision is expressed in imperative terms and evinces a contrary intention to the savings provisions of the Interpretation Act. The Commission is therefore precluded from dealing with the applicant's claim, and jurisdiction is also barred over superannuation fund disputes governed by Victorian law.

Jurisdiction
Australia
Judgment Date
10 December 2004
Procedural Posture
Interlocutory Application / Notice of Motions Seeking Dismissal of Summons
Outcome
summons dismissed
Legal Topics
['unfair Contract' 'interlocutory Application' 'statutory Time Limits' 'jurisdiction' 'superannuation Fund']
['industrial Relations'] ['unfair Contract' 'interlocutory Application' 'statutory Time Limits' 'jurisdiction' 'superannuation Fund']

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Procedural Posture

Interlocutory Application / Notice of Motions Seeking Dismissal of Summons

Legal Issues

  1. 1 ['Does section 108B of the Industrial Relations Act 1996 bar applications brought after 12 months from contract termination even when the termination occurred before the section’s commencement?' 'Does the Commission have jurisdiction over superannuation fund disputes governed by the law of Victoria?' 'Are the applicant’s claims against respondents barred or outside the court’s jurisdiction?']

Ratio Decidendi

Section 108B of the Industrial Relations Act 1996 applies to applications for relief under section 106 filed after 24 June 2002 in relation to a contract terminated before or after that date, provided more than 12 months have elapsed since termination. The provision is expressed in imperative terms and evinces a contrary intention to the savings provisions of the Interpretation Act. The Commission is therefore precluded from dealing with the applicant's claim, and jurisdiction is also barred over superannuation fund disputes governed by Victorian law.

Court Disposition

summons dismissed

Orders

  • ['The summons for relief filed by the applicant on 25 October 2002 and the amended summons for relief filed on 18 March 2004 are dismissed.' 'Costs are reserved.' 'Liberty to apply as to costs.']