Old UGC Inc v Industrial Relations Commission of New South Wales

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJOLD UGC, INC & ORS  APPELLANTSANDTHE INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION & ANOR                   RESPONDENTSOld UGC, Inc v Industrial Relations Commission of New South Wales in Court Session [2006] HCA 2418 May 2006S209/2005ORDER1.        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 WalesRepresentation:G J Hatcher SC with C S Ward for the appellants (instructed by Thomson Playford)Submitting appearance for the first respondentJ 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.CATCHWORDSOld 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...