Can Directors Claim Unfair Contract in NSW?

By Andrew Connolly

The power of the NSWIRC to vary or avoid unfair contracts can be exercised in respect of contracts "whereby a person performs work in any industry".

The meaning of "whereby" in this context has recently been considered in Mitchforce Pty Ltd v NSWIRC, Solution 6 Holdings Ltd v Industrial relations Commission of NSW. The meaning of "work in any industry" has been raised in QSR Limited v Industrial relations Commission of NSW & Ors. Another view of the issues discussed by Catanzariti.

(CCH Industrial Law News, issue 10, 28th October 2004)