WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. 32 of 1985. Between Debra Kaye Thompson, Applicant and Life- style Homes, Respondent. Before Mr Commissioner G.L. Fielding. The 4th day of April 1985. Miss D.K. Thompson in person. Mr P.R. Sims on behalf of the Respondent. Reasons for Decision. (Given extemporaneously at the conclusion of the sub- missions, taken from the transcript as edited by the Commissioner.) THE COMMISSIONER: The Applicant alleges that she has been underpaid in respect of work she did for the Respondent Company in connection with decorating display homes which the Respondent has in and around the city. She has admitted that she carries on business under the style and firm name of Devon Interiors. She has acknowledged that she was not an employee of the company but in effect an independent contractor and the evidence she has given clearly supports that view. She did work on the basis of a fixed price per job. She had no fixed hours of work and went about her work in a manner which she thought appropriate rather than at the direction of the company. The company, once having in consultation with her settled on a concept of decoration, left it to her to carry out the work in question. She did work for others at the same time that she was working for the Respondent, and it is clear that she was, as indeed she has frankly admitted, not an employee. Section 29 (2) of the Industrial Arbitration Act, as it was at the time this claim was lodged, provides that a claim may be brought by an employee in relation to a benefit which has not been allowed under a contract of service. The Applicant admits that she was not an employee and the contract under which she claims the money is not a contract of service but rather a contract for services. So it follows that the claim must be dis- missed for want of jurisdiction. I say nothing about the merits or otherwise, either of the Applicant's claim or the Respondent's contention that she has been overpaid. That is a matter for another place. BEFORE THE