Jurkin v Printing Industry Association of Australia

The applicant, Ms Jurkin, brought a claim against the respondent, the Printing Industry Association of Australia, in the Small Claims Division of the Industrial Relations Commission of New South Wales. The dispute concerned Ms Jurkin's claim for unpaid wages and other entitlements.

The primary legal issue before the Court was whether Ms Jurkin had proven her claim for unpaid wages and entitlements. A secondary issue arose concerning costs, specifically whether the respondent's conduct warranted a costs order against it, particularly in light of a Calderbank offer made by the applicant.

Judge Wilson found that the respondent had failed to comply with previous orders for the exchange of documents, and at the resumed hearing, adduced no evidence in its defence. Consequently, Ms Jurkin's claim was proven, and judgment was entered in her favour. The Court also considered the respondent's conduct and the applicant's success in bettering her Calderbank offer, deeming it appropriate to make a costs order against the respondent.