A franchise agreement with a working proprietor who employs a large workforce (here, 350 employees) may fall outside the scope of s 106(1) of the Industrial Relations Act 1996 (NSW) because the real transaction is not one whereby the proprietor performs work in an industry. Even where jurisdiction under s 106(1) is established, the Commission cannot grant relief that merely affects the profitability of the business; the relief must have a close and direct relationship with the performance of work.
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