A commercial lease of hotel premises that does not contain an express obligation on the lessee to carry on the hotel business, and where the lessee works as a proprietor on their own account, is not a 'contract whereby a person performs work in an industry' under s 106 of the Industrial Relations Act 1996 (NSW). However, the privative clause in s 179, which extends to 'purported decisions', may protect such a jurisdictional error from judicial review where the Hickman provisos are satisfied. Orders for specific performance of a lease option are beyond the Commission's power and are not protected by s 179 because they are not reasonably capable of reference to any power given to the Commission. The constitutional validity of s 179 under Chapter III of the Commonwealth Constitution was left open.
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