JURISDICTION : WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT
CITATION: PARKER -v- TRANFIELD [2001] WASCA 233
CORAM: KENNEDY J (Presiding Judge)
McKECHNIE J
HASLUCK J
HEARD: 1 JUNE 2001
DELIVERED : 7 AUGUST 2001
FILE NO/S: IAC 2 of 2001
BETWEEN: RAY DOUGLAS PARKER
Appellant
AND
MARK ANTHONY TRANFIELD
Respondent
Catchwords:
Industrial relations - Extra-territorial effect of State legislation - Jurisdiction of Industrial Relations Commission - Meaning of "industry" - Dismissal of employee working overseas - Close connection of contract of service with Western Australia - Commission held to have jurisdiction
Legislation:
Industrial Relations Act 1979 (WA), s 3, s 7, s 23(1), s 29(1), s 90(3)
Result:
Appeal dismissed
Category: A
Representation:
Counsel:
Appellant: Mr L A Tsaknis
Respondent: Mr D H Schapper
Solicitors:
Appellant: Mallesons Stephen Jaques
Respondent: Derek Schapper
Case(s) referred to in judgment(s):
Jumbunna Coal Mine NL v Victorian Coal Miners' Association (1908) 6 CLR 309
Metropolitan Shop Assistants & Warehouse Employees' Industrial Union of Workers v Foy & Gibson Pty Ltd & Ors (1921) 23 WALR (I) 13
R v Foster; Ex parte Eastern and Australian Steamship Co Ltd (1959) 103 CLR 256
Union Steamship Co of Australia Pty Ltd v King (1988) 166 CLR 1
Case(s) also cited:
Colin Harris v Brandrill Ltd (2000) 80 WAIG 2456
Fitzgerald v Oil Drilling & Exploration (International) Pty Ltd (2000) 80 WAIG 4981
Lorimer v Smail (1911) 12 CLR 504
Mersey Docks & Harbour Board v Henderson Bros (1888) 13 AC 595
Ross v The Queen (1979) 25 ALR 137
KENNEDY J (Presiding Judge): I have had the benefit of reading in draft the reasons to be published by McKechnie J and Hasluck J, with which I am generally in agreement. It is abundantly clear that the proper law of the contract of service was the law of Western Australia, and that there was a very real and substantial connection with Western Australia, which was more than sufficient to confer jurisdiction on the Commission. I would dismiss the appeal, subject, however, to an adjustment in the damages in accordance with the agreement which has been reached between the parties.
McKECHNIE J:
Introduction
This appeal raises for consideration whether the employer of a person who is engaged to work overseas is nevertheless amenable to the jurisdiction of the Western Australian Industrial Relations Commission when an action is taken for unfair dismissal.
The appellant Mr Parker carries on the business of the survey and commissioning of marine vessels under the business name "Marine Offshore Survey & Commissioning".
On 18 September 1998 he employed the respondent Mr Tranfield as an oil rig surveyor. Mr Tranfield was dismissed from his employment on 14 December 1999.
On 7 January 2000 he filed an application under the Industrial Relations Act 1979 s 29 claiming that he had been unfairly dismissed by Mr Parker.
Mr Parker did not appear at the hearing, although he did write to the Commission challenging its jurisdiction and otherwise disputing the merits of the claim.
At first instance the…
Continue reading Parker v Tranfield
Sign in free to access the full text
- AGLC
- Parker v Tranfield [2001] WASCA 233
- Case
- [2001] WASCA 233
- Decision Date
CaseChat Overview and Summary
The central legal question before the court was whether the Industrial Relations Commission of Western Australia had the authority to hear a claim concerning the dismissal of an employee who was working overseas. This required an interpretation of the term "industry" within the context of the relevant legislation and an assessment of whether the applicant's employment had a sufficient connection to Western Australia to bring it within the scope of the state's industrial relations laws. The court had to determine whether the Commission's jurisdiction extended to employment contracts and dismissals occurring outside Australia, specifically in this case in Singapore.
The court held that the Industrial Relations Commission of Western Australia did indeed have jurisdiction to hear the applicant's claim. The court found that the applicant's employment had a close connection to Western Australia, as the contract of service was closely connected to the state. The court interpreted the term "industry" broadly, recognising that the modern understanding of industry includes activities that extend beyond physical borders. The court concluded that the Commission's jurisdiction was not limited to employees physically present within the state and could extend to employees working overseas if there was a significant connection to the state. Consequently, the court determined that the Commission had the authority to hear and decide the applicant's claim.
The court's decision confirmed the jurisdiction of the Industrial Relations Commission of Western Australia over the applicant's claim. The court's interpretation of "industry" and the close connection test allowed for the extension of the state's industrial relations laws to overseas employees under certain circumstances. The final orders of the court were that the Industrial Relations Commission of Western Australia had jurisdiction to hear the applicant's claim regarding his dismissal while working in Singapore.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by:
Full text does not contain this section.