The threshold for leave to appeal under s 403B(2) of the Industrial Relations Act 1996 (NSW) requires the matter to be of importance extending beyond the parties, with the phrase 'of such importance' setting a reasonably high bar. The remedy under s 106(3) is available after termination of the contract. Post-termination conduct cannot 'render' a contract unfair but may expose unfairness that existed at the time the contract was entered into by reason of the absence of contractual protection.
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