QSR Ltd v Industrial Relations Commission of NSW & Ors

QSR Ltd sought judicial review of a decision by the Industrial Relations Commission of New South Wales. The dispute concerned the Commission's jurisdiction to hear an application for relief under section 106 of the *Industrial Relations Act 1996* (NSW) concerning an alleged unfair contract or arrangement. QSR Ltd argued that the Commission lacked jurisdiction because the relevant contract or arrangement did not pre-date the work performed by the claimant, and that the work itself did not constitute "work in any industry" as contemplated by the Act.

The Court of Appeal was required to determine whether the Industrial Relations Commission had jurisdiction to entertain the application. Specifically, the court had to consider whether the performance benchmark in an option deed, and the overall arrangement it formed part of, led directly to the performance of work in an industry. Furthermore, the court needed to ascertain whether the Commission had jurisdiction over any contract or arrangement that pre-dated the claimant's incorporation, and whether section 179 of the Act barred the grant of prerogative relief.

The Court of Appeal reasoned that the Commission's jurisdiction under section 106 is engaged when a contract or arrangement leads directly to the performance of work in an industry. It found that the overall arrangement did not satisfy this requirement, as it did not lead directly to the performance of work. The court also held that the Commission lacked jurisdiction over any contract or arrangement that pre-dated the claimant's incorporation. While acknowledging a reluctance to intervene when matters of fairness are raised in a jurisdictional challenge, the court ultimately concluded that the Commission had acted outside its jurisdiction.

An order of prohibition *quo usque* was made, meaning the prohibition would remain in force until a further order of the court. There was no order as to costs.