Queensland Industrial Relations Commission

Lawrance v Toowoomba Regional Council [2016] QIRC 146 (B/2012/51) Industrial Commissioner Neate 22 December 2016

Full-text: QIRC16-146.pdf


INDUSTRIAL LAW - APPLICATION TO AMEND OR DECLARE VOID A CONTRACT - contract for services found to be an unfair contract - matter remitted by the Industrial Court of Queensland to the Commission to make an appropriate order under s 276(5) of the Industrial Relations Act 1999 - reasons for contract being held to be unfair - whether contract should be declared void (wholly or partly) or amended - preferable approach to making appropriate order about payment of an amount for contract amended or declared void - comparison with what a contractor might have earned as an employee in a comparable position under an award - factors to be adjusted for contract for services - adjustment to take account of Applicant being illiterate and innumerate - whether adjustments should be made for other factors including his receipt of a Disability Support Pension, his failure to declare some income for taxation purposes components of calculations of amount to be paid whether interest should be awarded