New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 106

106 Power of Supreme Court to declare contracts void or varied

(1) The Supreme Court may make an order declaring wholly or partly void, or varying, any contract whereby a person performs work in any industry if the Supreme Court finds that the contract is an unfair contract.

(2) The Supreme Court may find that it was an unfair contract at the time it was entered into or that it subsequently became an unfair contract because of any conduct of the parties, any variation of the contract or any other reason.

(2A) A contract that is a related condition or collateral arrangement may be declared void or varied even though it does not relate to the performance by a person of work in an industry, so long as--

(a) the contract to which it is related or collateral is a contract whereby the person performs work in an industry, and

(b) the performance of work is a significant purpose of the contractual arrangements made by the person.

(3) A contract may be declared wholly or partly void, or varied, either from the commencement of the contract or from some other time.

(4) In considering whether a contract is unfair because it is against the public interest, the matters to which the Supreme Court is to have regard must include the effect that the contract, or a series of such contracts, has had, or may have, on any system of apprenticeship and other methods of providing a sufficient and trained labour force.

(5) In making an order under this section, the Supreme Court may make such order as to the payment of money in connection with any contract declared wholly or partly void, or varied, as the Supreme Court considers just in the circumstances of the case.

(6) In making an order under this section, the Supreme Court must take into account whether or not the applicant (or person on behalf of whom the application is made) took any action to mitigate loss.