Western Australian Industrial Relations Commission

Claim for underpayment of salary refused

 

The Commission has dismissed an applicant's denied contractual benefits claim for the alleged underpayment of a salary. In April 2011, the applicant was engaged by the respondent as a subcontractor to carry out refrigeration work. On 30 June 2011 the parties signed a training contract for the applicant to complete an electrical apprenticeship. The Commission heard this application after it was delayed for a long period to enable bankruptcy proceedings to run their course.

Senior Commissioner Kenner found that the claim for denied contractual benefits under the training contract fell outside of the Commission's jurisdiction. It was held that the applicant was party to a contract of training and not a separate contract of service, which is required for the Commission to hear claims of this kind.

In relation to the refrigeration work performed by the applicant as a subcontractor, the Senior Commissioner similarly found that the applicant was not engaged under a separate contract of service and dismissed this aspect of the claim also. The Senior Commissioner further stated that if he was incorrect in finding that a separate contract of service did not exist, the applicant had not demonstrated that he had performed the work that entitled him to be paid a salary.

The decision can be read here.

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