Industrial Relations Commission of New South Wales
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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 claims of
unfair dismissal In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation. Situation per country Australia (See: '' unfair dismissal in Australia'') Australia has long-standing ...
in
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
, a state of
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
. The Commission was established with effect from 2 September 1996 pursuant to the Industrial Relations Act 1996.


History

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 courts have undergone many changes since then depending on the flavour of government in office. In 1908 it was renamed the
Industrial Court Industrial may refer to: Industry * Industrial archaeology, the study of the history of the industry * Industrial engineering, engineering dealing with the optimization of complex industrial processes or systems * Industrial city, a city dominat ...
established under the Industrial Disputes Act 1908. In 1912 it was renamed again, to the
Court of Industrial Arbitration (New South Wales) A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordanc ...
which was established pursuant to the Industrial Arbitration Act 1912. In 1926, the 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 . In 2009, the Commission's jurisdiction was significantly reduced by the which transferred jurisdiction for the entire private sector to
Fair Work Australia The Fair Work Commission (FWC), until 2013 known as Fair Work Australia (FWA), is the Australian industrial relations tribunal created by the ''Fair Work Act 2009'' as part of the Rudd Government's reforms to industrial relations in Australi ...
, a Commonwealth Government body. In 2016 the Industrial Court was abolished and its powers transferred to the
Supreme Court of NSW The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court ...
.


Jurisdiction

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. 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.


Composition

The Commission consists of a Chief Commissioner and commissioners appointed by the
Governor of New South Wales The governor of New South Wales is the viceregal representative of the Australian monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia at the national level, the governors of the ...
. A full bench of the Commission contains at least three members. The current Commission composition is:


See also

*
List of New South Wales courts and tribunals The following is a list of courts and tribunals in New South Wales: List of sitting boards, commissions, courts, and tribunals Sitting courts The primary courts currently sitting in New South Wales are: *Court of Appeal of New South Wales *C ...


References


External links


www.irc.justice.nsw.gov.au Homepage of the Industrial Relations Commission
* {{New South Wales Government Departments New South Wales courts and tribunals Labour relations organisations in Australia Labor relations boards 1996 establishments in Australia Courts and tribunals established in 1996