Bakers Delight Holdings Limited v Industrial Court of New South Wales

Bakers Delight Holdings Limited sought judicial review of a decision of the Industrial Court of New South Wales, specifically a decision of the Full Bench of that court. The dispute concerned the scope of the Full Bench's jurisdiction, particularly in relation to an application brought by an employee under the *Industrial Relations Act 1996* (NSW). The matter came before the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the Full Bench of the Industrial Court had made a jurisdictional error in its determination, and whether the privative clause contained in section 179(4) of the *Industrial Relations Act 1996* (NSW) precluded the Court of Appeal from reviewing that decision. This involved considering whether the Full Bench's decision was an error within jurisdiction or a jurisdictional error, and whether amendments made to the employee's pleadings constituted a new and separate application, thereby affecting the scope of the Full Bench's decision.

The Court of Appeal reasoned that the Full Bench's decision did not involve a jurisdictional error. It was held that the amendments to the pleadings, which altered the arrangements or contracts pleaded and the relief sought, did not fundamentally change the substance of the application. The court applied principles of administrative law concerning the distinction between jurisdictional error and error within jurisdiction, and the effect of privative clauses. The court found that the Full Bench had correctly assessed the substance of the application and had not exceeded its jurisdiction.

Consequently, the summons for judicial review was dismissed with costs.