McDonald's Australia Holdings Ltd & Anor v Industrial Relations Commission of NSW & 2 Ors [2005] NSWCA 286

New South Wales Court of Appeal

CITATION: McDonald's Australia Holdings Ltd & Anor v Industrial Relations Commission of NSW & 2 Ors [2005] NSWCA 286

HEARING DATE(S): 4 July 2005

JUDGMENT DATE: 25 August 2005

JUDGMENT OF: Spigelman CJ at 1; Mason P at 88; Handley JA at 92

DECISION: 1 The First Opponent is prohibited from taking any further steps to exercise, or purporting to exercise, its power under s106 of the Industrial Relations Act 1996 (NSW) with respect to the Licence Agreements described in the Summons filed on 12 May 2004 in Industrial Relations Commission Proceeding No. 2798 of 2000; 2 The First Opponent is prohibited from taking any further steps to exercise, or purporting to exercise, its power under s106 of the Industrial Relations Act 1996 (NSW) with respect to the Lease Agreement described in the Summons filed on 12 May 2004 in Industrial Relations Commission Proceeding No. 2798 of 2004; 3 The Second and Third Opponents should pay the Claimants' costs.

CATCHWORDS: INDUSTRIAL LAW - Industrial Relations Commission - Jurisdiction - Unfair - Contract - Franchise Agreement - Comprising Lease and Licensing Agreements - Whether agreement "whereby person performs work in any industry" - Whether Commission has jurisdiction - Industrial Relations Act 1996, s106 - INDUSTRIAL LAW - Industrial Relations Commission - Jurisdiction - Unfair - Contract - Franchise Agreement - Comprising Lease and Licensing Agreements - Where relief sought would fundamentally alter the parties' rights and liabilities - Whether relief sought had close relationship with performance of work - Whether Commission has jurisdiction to grant relief - Industrial Relations Act 1996, s106

Acts Interpretation Act 1901 (Cth): s15AA Industrial Arbitration Act 1940: s88F(2) LEGISLATION CITED: Industrial Relations Act 1996: ss 105, 106 Interpretation Act 1987: s33