Owens v Allied Express Transport Pty Ltd [2011] FWA 1058

(#P166_22653) PR973462, 11 August 2006 per Guidice J, Watson VP and Cribb C. This appeal was determined under the provisions of the Workplace Relations Act 1996 pursuant to the provisions of the Act as in force prior to the coming into operation of the Workplace Relations Amendment (Work Choices) Act 2005. As a result, the primary jurisdictional question was whether the applicant had been dismissed by the employer which was considered having regard to the formulation in the Termination of Employment Convention which in turn referred to termination at the initiative of the employer.

(#P177_27960) PR973462 (footnotes omitted).

(#P223_32907) Applicant's outline of argument.

(#P224_33094) There was nothing in the respondent's outline and an opportunity to put submissions was specifically provided during the hearing (Transcript PN 952).

(#P227_33508) Explanatory Memorandum Fair Work Bill 2008 para 1541.

(#P234_34445) Selvachandran v Peterson Plastics Pty Ltd (1995) 62 IR 371 as cited in Potter v WorkCover Corporation, per Ross VP, Williams SDP, Foggo C PR948009, 15 June 2004 and endorsed by the Full Bench in Industrial Automation Group Pty Ltd T/A Industrial Automation [2010] FWAFB 8868, 2 December 2010 per Kaufman SDP, Richards SDP and Hampton C at par [36].

(#P382_47203) See the discussion of contingencies in Ellawala v Australian Postal Corporation AIRC Print S5109, 17 April 2000 per Ross VP, Williams SDP and Gay C and in Enhance Systems Pty Ltd v James Cox AIRC PR910779, 31 October 2001 per Williams SDP, Acton SDP and Gay C.

(#P433_50866) The Act relevantly uses the term "remuneration" rather than "ordinary rate of pay" or "full rate of pay". The concept of remuneration imports the wider consideration of payments made directly or indirectly by the employer for the benefit of the employee. I note also that in this case the contact of employment used a packaged figure with the wage component noted.

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