QSR Limited v Industrial Relations Commission of NSW & Ors [2004] NSWCA 199

QSR Limited v Industrial Relations Commission of NSW & Ors [2004] NSWCA 199

The Court by majority held that the Industrial Relations Commission lacked jurisdiction over any contract or arrangement pre-dating QSR's incorporation, because QSR was not then in existence, was not a party to such a contract or arrangement, and was not then an actor deriving benefit from it. However, the Commission was not prohibited from considering claims based on any contract or arrangement whereby work was performed in an industry that came into existence after QSR's incorporation and before execution of the Option Deed. Challenges based on unfairness, lack of legal obligation to work, and whether directors or promoters perform work in an industry did not justify broader relief in...

Jurisdiction
Australia
Judgment Date
21 July 2004
Procedural Posture
Application for Prerogative Relief in the Nature of Prohibition and Certiorari Arising From S 106 Industrial Relations Act 1996 Proceedings / Court of Appeal Supervisory Jurisdiction After Industrial Relations Commission Dismissed Qsr's Notice of Motion for Want of Jurisdiction
Outcome
Order of prohibition quo usque made; no order as to costs.
Legal Topics
['industrial Relations Commission Jurisdiction' 'unfair Contracts' 'performance of Work in an Industry' 'promoter Pre Incorporation Work' 'company Directors' 'privative Clauses' 'prohibition Quo Usque']
['industrial Law' 'administrative Law' 'corporations Law'] ['industrial Relations Commission Jurisdiction' 'unfair Contracts' 'performance of Work in an Industry' 'promoter Pre Incorporation Work' 'company Directors' 'privative Clauses' 'prohibition Quo Usque']

Case Brief

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Procedural Posture

Application for Prerogative Relief in the Nature of Prohibition and Certiorari Arising From S 106 Industrial Relations Act 1996 Proceedings / Court of Appeal Supervisory Jurisdiction After Industrial Relations Commission Dismissed Qsr's Notice of Motion for Want of Jurisdiction

Legal Issues

  1. 1 ['Whether the Industrial Relations Commission had jurisdiction under s 106 of the Industrial Relations Act 1996 over claims concerning the Option Deed of 2 November 1999.' 'Whether an overall contract or arrangement, including the Option Deed, led directly to the performance of work in an industry.' "Whether work by Mr Batterham as promoter before QSR's incorporation could found jurisdiction against QSR." 'Whether performance of work must be obligatory as a matter of law to fall within s 106.' 'Whether s 179 of the Industrial Relations Act 1996 barred prerogative relief.']

Ratio Decidendi

The Court by majority held that the Industrial Relations Commission lacked jurisdiction over any contract or arrangement pre-dating QSR's incorporation, because QSR was not then in existence, was not a party to such a contract or arrangement, and was not then an actor deriving benefit from it. However, the Commission was not prohibited from considering claims based on any contract or arrangement whereby work was performed in an industry that came into existence after QSR's incorporation and before execution of the Option Deed. Challenges based on unfairness, lack of legal obligation to work, and whether directors or promoters perform work in an industry did not justify broader relief in...

Court Disposition

Order of prohibition quo usque made; no order as to costs.

Orders

  • ['The Industrial Relations Commission is prohibited from hearing and determining the proceedings under s 106(1) and (5) of the Industrial Relations Act 1996 in respect of the Option Deed of 2 November 1999 commenced by Mr Batterham and Maylord Equity Management Pty Ltd against QSR Limited, except insofar as those...