Uniting Church in Australia Property Trust (NSW) v Industrial Relations Commission

The Uniting Church in Australia Property Trust (NSW) sought to appeal a decision of the Industrial Relations Commission. The dispute concerned the Commission's jurisdiction to hear and determine proceedings for contempt. The appeal was heard by Spigelman CJ, Mason P, and Handley JA.

The central legal issue before the Court of Appeal was whether the Industrial Relations Commission possessed the necessary jurisdiction under sections 164(2) and 180 of the *Industrial Relations Act 1996* (NSW) to entertain contempt proceedings. This question involved determining whether the fact of guilt in a contempt matter constituted a jurisdictional fact, the determination of which was essential for the Commission to exercise its power.

The Court of Appeal held that the Industrial Relations Commission did not have the jurisdiction to hear and determine contempt proceedings. The Court reasoned that the power to deal with contempt was a power vested in the Supreme Court and that the *Industrial Relations Act 1996* did not confer such jurisdiction upon the Commission. The Court found that the Commission had made a jurisdictional error in assuming it had the power to hear the contempt application. Consequently, the summons was dismissed with costs.