Mayne Nickless Limited v Industrial Relations Commission of New South Wales

Mayne Nickless Limited sought a writ of prohibition from the Court of Appeal of New South Wales to prevent the Industrial Relations Commission of New South Wales from exercising jurisdiction over a dispute concerning a contract for services. The dispute arose from an application made to the Commission by a Mr. G. R. Smith, who alleged that a contract with Mayne Nickless Limited for the performance of work was unfair. Mayne Nickless Limited contended that the Commission lacked jurisdiction because the contract did not fall within the scope of the Industrial Relations Act 1996 (NSW).

The central legal issue before the Court of Appeal was whether the Industrial Relations Commission had jurisdiction to hear and determine Mr. Smith's application for relief under section 106 of the Industrial Relations Act 1996. This required the Court to consider whether the contract in question was one "whereby a person performs work in any industry" and whether the relief sought by Mr. Smith related to the performance of work in an industry. The Court also considered the principle of *de minimis non curat lex* (the law does not concern itself with trifles).

The Court of Appeal reasoned that the contract between Mr. Smith and Mayne Nickless Limited was not a contract for the performance of work in an industry as contemplated by the Act. It found that the nature of the work performed by Mr. Smith, while involving the carriage of goods, did not constitute "work in an industry" in a manner that would attract the Commission's jurisdiction under section 106. The Court determined that the application was too remote from the performance of work in an industry to engage the Commission's powers.

Consequently, the Court of Appeal dismissed the summons seeking the writ of prohibition, with costs awarded to the respondent.