Caterpillar of Australia Pty Ltd v Industrial Court of New South Wales

The New South Wales Court of Appeal considered an application for judicial review brought by Caterpillar of Australia Pty Ltd against the Industrial Court of New South Wales and other respondents. The dispute concerned the jurisdiction of the Industrial Court to hear and determine claims of unfair contracts under section 106 of the *Industrial Relations Act 1996* (NSW).

The primary legal issue before the Court of Appeal was whether the Industrial Court had jurisdiction to make declarations and orders concerning contracts that did not involve the performance of work in an industrial context, as contemplated by section 106 of the *Industrial Relations Act 1996*. This involved an interpretation of the scope of the term "work in any industry" within the statutory provision.

The Court of Appeal reasoned that the phrase "work in any industry" in section 106 of the *Industrial Relations Act 1996* should be interpreted in its industrial context, meaning it refers to work that is part of or connected to an industrial relationship. The Court found that the contracts in question did not fall within this industrial context, and therefore the Industrial Court lacked jurisdiction. Consequently, the Court quashed the orders made by the Industrial Court and declared that it did not have jurisdiction to make the declarations or orders sought by the respondents in the proceedings before it, other than to dismiss the proceedings. The Court also made orders regarding costs and the remission of certain matters to the Industrial Court for the determination of costs and an inquiry into damages.