ODCO Legal Authority

In this case decided in the NSWIRC the union sought relief under s130 of the IR Act of 1996 to declare an industrial dispute re breach of award. In a joined action dealt with at No 3601 of 2003, the union also sought to have the award applied to contractors in the chicken boning operation of Sunnybrand Chickens at their Byron Bay and Bangalow operations.

DP Rod Harrison held that the Odco system of contracting is a legally valid method of engagement. He found that the system had been effectively applied in this case, the intent of parties to be independent contractors was clear, and they were contractors. He made a clear distinction between this case and Damevski.