Fish v Solution 6 Holdings Limited [2006] HCA 22

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJ

NICHOLAS TERRENCE FISH & ANOR APPELLANTS

AND

SOLUTION 6 HOLDINGS LIMITED & ORS RESPONDENTS

Fish v Solution 6 Holdings Limited [2006] HCA 22

18 May 2006

S206/2005

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of New South Wales

Representation:

D F Jackson QC with S J Burchett for the appellants (instructed by Clayton Utz)

B W Walker SC with B J A Shields for the first to fourth respondents (instructed by Deacons)

Submitting appearance for the fifth respondent

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Fish v Solution 6 Holdings Limited

Industrial law (NSW) – Industrial Relations Commission – Jurisdiction – Power given to the Commission by s 106(1) of the Industrial Relations Act 1996 (NSW) to declare wholly or partly void, or to vary, any contract whereby a person performs work in any industry if the contract is an unfair contract – Share purchase agreement which stipulated that the first appellant's entering an employment contract with a related company of the purchaser was a condition precedent to completion of the share purchase – Application to Commission for orders declaring share purchase agreement unfair, harsh and unconscionable, and contrary to the public interest, and orders varying the agreement – Whether the share purchase agreement was a "contract whereby a person performs work in any industry" – Whether share purchase agreement formed part of the arrangement between the parties – Relevance of changing nature of employment relationships – Relevance of availability of other remedies.

Industrial law (NSW) – Industrial Relations Commission – Writ of prohibition sought to restrain the Commission from exercising jurisdiction – Entitlement of the Commission to determine its own jurisdiction in first instance – Absence of objection to jurisdiction raised before Commission – Whether trial held by Commission in Court Session.