Old UGC, Inc v Industrial Relations Commission of New South Wales in Court Session [2006] HCA 24

HIGH COURT OF AUSTRALIA

GLEESON CJ,

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

OLD UGC, INC & ORS APPELLANTS

AND

THE INDUSTRIAL RELATIONS COMMISSION OF

NEW SOUTH WALES IN COURT SESSION & ANOR RESPONDENTS

Old UGC, Inc v Industrial Relations Commission of New South Wales in Court Session [2006] HCA 24

18 May 2006

S209/2005

ORDER

1. Appeal allowed.

2. The second respondent pay the appellants' costs of the appeal to this Court.

3. Set aside the orders of the Court of Appeal of New South Wales made on 21 July 2004 and in their place order that:

(a) the Industrial Relations Commission of New South Wales be prohibited from hearing or determining the proceeding under s 106 of the Industrial Relations Act 1996 (NSW), between Robert McRann as applicant and UnitedGlobalCom Inc and others as respondents, being proceeding numbered IRC 3104 of 2001 in the Industrial Relations Commission of New South Wales;

(b) the second opponent, Robert McRann, pay the claimants' costs.

On appeal from the Supreme Court of New South Wales

Representation:

G J Hatcher SC with C S Ward for the appellants (instructed by Thomson Playford)

Submitting appearance for the first respondent

J N West QC with J D Smith for the second respondent (instructed by Harmers Workplace Lawyers)

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

CATCHWORDS

Old UGC, Inc v Industrial Relations Commission of New South Wales in Court Session

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 – Upon termination of an employment agreement, compensation and release agreement made for the purpose of resolving any legal disputes with respect to the employment agreement – Compensation and release agreement governed by the laws of the State of Colorado – Application to Commission alleging the compensation and release agreement was unfair, harsh and unconscionable – Whether compensation and release agreement was a "contract whereby a person performs work in any industry" – Relevance of the availability of other remedies.