Sylvan Buildings Pty Ltd v AG&S Building Systems Pty Ltd and another [2007] NSWIRComm 4

Sylvan Buildings Pty Ltd v AG&S Building Systems Pty Ltd and another [2007] NSWIRComm 4

The distribution agreements between Sylvan and AG&S did not, either as a whole or in any of their particular provisions, require or lead directly to the performance of work in any industry; rather, they granted rights to use the Multibuild concept and sell AG&S products. Any work performed by Sylvan was consequential to these commercial rights, not provided for directly by the agreements. Thus, the Commission lacked jurisdiction under s 106 to grant the relief sought.

Jurisdiction
Australia
Judgment Date
01 February 2007
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Amended Notice of Motion to Dismiss
Outcome
Proceedings dismissed; costs awarded as specified.
Legal Topics
['unfair Contracts' 'jurisdiction of Industrial Relations Commission' 'distribution Agreements' 'performance of Work in Industry']
['industrial Law'] ['unfair Contracts' 'jurisdiction of Industrial Relations Commission' 'distribution Agreements' 'performance of Work in Industry']

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Amended Notice of Motion to Dismiss

Legal Issues

  1. 1 ['Whether the distribution agreements between Sylvan and AG&S are contracts ‘whereby a person performs work in any industry’ under s 106(1) of the Industrial Relations Act 1996' 'Whether the Industrial Relations Commission has jurisdiction to grant s 106 relief based on the nature of the contracts']

Ratio Decidendi

The distribution agreements between Sylvan and AG&S did not, either as a whole or in any of their particular provisions, require or lead directly to the performance of work in any industry; rather, they granted rights to use the Multibuild concept and sell AG&S products. Any work performed by Sylvan was consequential to these commercial rights, not provided for directly by the agreements. Thus, the Commission lacked jurisdiction under s 106 to grant the relief sought.

Court Disposition

Proceedings dismissed; costs awarded as specified.

Orders

  • ["Orders 1 and 3 of the respondent's amended notice of motion are granted: the proceedings are dismissed, and the Applicant pay the Respondents' costs of the proceedings." 'Respondents to pay the Applicant’s (Sylvan’s) costs in relation to the notice of motion filed on 5 May 2005 and dismissed by the Court on 18...