The Industrial Relations Commission's jurisdiction under s 106 to void or vary unfair contracts does not extend to share sale agreements or other commercial contracts that are not themselves contracts whereby a person performs work in an industry, even where the commercial contract contains conditions precedent requiring the entry into employment contracts. The Commission's power to void or vary extends only to aspects of contracts closely related to the performance of work. The expanded privative clause in s 179 does not protect proceedings before any operative step or decision has been taken, and the traditional principle of restraint in relation to the Commission no longer operates as before in non-industrial matters given the expanded privative clause.
The full text is available to signed-in members, including the 65 later cases that cite this judgment.
11 of the 65 citing cases carry a classified treatment. How each court treated it is available to signed-in members.