Batterham v QSR Limited

Industrial law (NSW) – Industrial Relations Commission - Jurisdiction - Power given to the Commission by s 106(1) of the Industrial Relations Act 1996 (NSW) to declare wholly or partly void, or to vary, any contract whereby a person performs work in any industry if the contract is an unfair contract - Option to acquire shares in company pursuant to an option deed - Option deed made as part reward to option holder as promoter of company - Application to Commission for orders declaring the option deed unfair, harsh, and unconscionable and contrary to the public interest, and orders varying the deed - Whether the option deed was a contract or arrangement according to which the first appellant performed work in any industry - Relevance of the fact that the work performed pre-dated the option deed.

Industrial law (NSW) – Industrial Relations Commission - Writ of prohibition sought to restrain the Commission from exercising jurisdiction - Entitlement of the Commission to determine its own jurisdiction in first instance.

Prerogative writs – Prohibition - Excess of jurisdiction - Industrial Relations Commission (NSW) - Whether writ lies in the circumstances - Commission in Court Session a superior court of record of limited jurisdiction equivalent in status to the Supreme Court - Whether application for prohibition premature - Likelihood or danger of order being made in excess of jurisdiction - Relevance of privative provision purporting to exclude issue of writ - Relevance of specialist subject-matter of disputes before the Commission.

Statutes – Privative clause - Industrial Relations Commission (NSW) - Whether privative provision applicable - Relevance of interlocutory decision of the Commission dismissing a motion by the respondent for pre-emptive relief.

Statutes – Construction - Interpretation - Remedial statute - Purposive approach to construction - Objects of statute.

Statutes – Construction - Interpretation - Composite phrase incorporating technical words - Extrinsic matters - Legislative history - Relevance of Parliament's purpose of successive re-enactment in increasingly ample terms.

Words and phrases – "any contract whereby a person performs work in any industry", "any related condition or collateral arrangement", "arrangement", "decision or purported decision", "industry".

Industrial Relations Act 1996 (NSW) – ss 105-109A, 152, 179.

Supreme Court Act 1970 (NSW) – s 48.