Unitedglobalcom, Inc. and Ors. v The Industrial Relations Commission of NSW in Court Session

Unitedglobalcom, Inc. and Ors. sought to prohibit the Industrial Relations Commission of NSW in Court Session from proceeding with applications made by certain individuals for orders under s 10 of the Industrial Relations Act 1996 (NSW) (the Act) concerning alleged unfair contracts. The applicants, Unitedglobalcom, Inc. and others, were not parties to the contracts in question.

The central legal issue before the Court of Appeal was whether the Industrial Relations Commission had the power to make orders, including orders for the payment of money, against persons who were not parties to the contracts alleged to be unfair. A further issue was whether the Commission should be prohibited from hearing and determining proceedings against such non-contracting parties.

The Court of Appeal held that the power to make orders under s 10 of the Act was confined to parties to the contract. The Court reasoned that the language of s 10(1) and s 10(3) indicated that the Commission's jurisdiction to make orders, including orders for the payment of money, was limited to the parties to the contract. Accordingly, the Commission lacked jurisdiction to make orders against persons who were not parties to the contracts.

The summons seeking prohibition was dismissed with costs.