A contract through a corporate vehicle (such as a family company) can satisfy the jurisdictional requirement of being a contract 'whereby a person performs work in any industry' under s106 of the Industrial Relations Act 1996 where the contract directly recognises, contemplates and provides for the work to be done by identified natural persons. The power to vary under s106 extends only to those parts of the contract closely related to the performance of work in an industry, and the applicant must demonstrate a nexus between the jurisdictional fact and the relief claimed.
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