Industrial Relations Commission of New South Wales

Industrial courts first began in New South Wales in 1901 with the establishment of the Court of Arbitration (New South Wales) established pursuant to the Industrial Arbitration Act, 1901 (NSW). Industrial courts have undergone many changes since then depending on the flavour of government in office. In 1908, they were called the Industrial Court of New South Wales established under the Industrial Disputes Act, 1908 (NSW). In 1912, they were called the Court of Industrial Arbitration of New South Wales which was established pursuant to the Industrial Arbitration Act, 1912 (NSW). In 1926, the Industrial Arbitration (Amendment) Act, 1926 (NSW) abolished the Court of Industrial Arbitration and set up another Industrial Commission of New South Wales. In 1991, the Industrial Commission was replaced with the Industrial Relations Commission of New South Wales constituted under the Industrial Relations Act, 1991. In 1996, the 1991 Industrial Commission was replaced with the Industrial Relations Commission of New South Wales constituted under the Industrial Relations Act, 1996 (NSW).[1] In 2009, the Commission's jurisdiction was significantly reduced by the Industrial Relations (Commonwealth Powers) Act, 2009 (NSW) which transferred jurisdiction for the entire private sector to Fair Work Australia, a Commonwealth Government body. In 2016 the Industrial Court was abolished and its powers transferred to the Supreme Court of NSW.[2]

Under the Industrial Relations Act 1996, 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 and victimisation.[3]

The Minister for Industrial Relations may refer any matter to the Commission for the Commission to inquiry and report upon.

In exercising its jurisdiction, the Commission must take into account the public interest, the objects of the Industrial Relations Act 1996, and the state of the economy of New South Wales and the likely effect of its decisions on the economy.

The Commission may also sit as a Full Bench for the purposes of hearing Appeals against the decisions of single members, hearing a 'Special Case' or to determine difficult questions referred by a single member to the Full Bench for determination. The Commission also has jurisdiction over certain Police disciplinary matters, while some members hold dual roles on other remuneration tribunals (SOORT) and as dual appointees to the Fair Work Commission.[3]

The Commission consists of a Chief Commissioner and commissioners appointed by the Governor of New South Wales. A full bench of the Commission contains at least three members.

The current Commission composition is:[4]

• List of New South Wales courts and tribunals

• www.irc.justice.nsw.gov.au Homepage of the Industrial Relations Commission
• Annual Review 2015 (PDF). Industrial Relations Commission of New South Wales. 2015. ISSN 1832-2093.