The Industrial Relations Commission of New South Wales conciliates and arbitrates industrial disputes, sets conditions of employment and fixes wages and salaries by making industrial awards, approves enterprise agreements and decides other industrial matters in New South Wales, a state of Australia. The Commission was established with effect from 2 September 1996 pursuant to the Industrial Relations Act 1996.[1]
The Industrial Relations Act, 1996 (NSW) established a new Industrial Relations Commission which had an arbitral and judicial function.[4] When in was in Court Session, the Commission was called the Industrial Court of New South Wales. In 2016 the Industrial Court was abolished and its powers transferred to the Supreme Court of NSW.[5]
The Industrial Court was revived by the Industrial Relations Amendment Act 2023 (NSW) and recommenced operation on 1 July 2024.[6]
Jurisdiction
The Commission has jurisdiction in relation to public sector and Local Government employees in New South Wales. The Industrial Relations (Commonwealth Powers) Act, 2009 (NSW) transferred jurisdiction over private sector workers to the federal relations system.
The Commission has the function of setting remuneration and other conditions of employment for employees, resolving industrial disputes, hearing and determining other industrial matters such as claims for unfair dismissal, unfair contract, victimisation and disciplinary appeals. The Minister for Industrial Relations may refer any matter to the Commission for the Commission to inquire and report upon.[7]
In exercising its jurisdiction, the Commission must take into account the public interest, the objects of the Industrial Relations Act 1996 (NSW), the state of the economy of New South Wales and the likely effect of its decisions on the economy, and, for the exercise of a function about public sector employees, the Government's fiscal position and outlook and the likely effect of its decisions on that fiscal position and outlook.[8]
The Commission may sit as a Full Bench for the purposes of hearing appeals against the decisions of single members, making a State Decision which affects the employment of New South Wales employees or to determine difficult questions referred by a single member to the Full Bench for determination. The Industrial Court can also sit as a Full Bench to hear an appeal against the decision of a single Industrial Court judge or an Industrial Magistrate of the Local Court.
Composition
The Commission consists of a President, Vice President, Deputy President and Commissioners appointed by the Governor of New South Wales. The President, Vice President and Deputy Presidents are referred to as Presidential Members and are also Judges of the Industrial Court of New South Wales.
A Full Bench of the Commission consists of at least three members including at least one Presidential Member. A Full Bench of the Industrial Court consists of three Presidential Members sitting as Judges.
