Section 106 of the Industrial Relations Act 1996 (NSW) applies to contracts governed by foreign law where the industry in which work is performed is in and of NSW; the proper law of the contract does not determine the Commission's jurisdiction. A compensation and release agreement executed on termination of employment that restructures incentive compensation from the original employment contract operates as a variation of that contract, bringing it within s 106 jurisdiction. Anti-suit injunction applications should be brought in the Equity Division, not the Court of Appeal.
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