Industrial Relations Commission of New South Wales

Not to be confused with Industrial Court of New South Wales.

Industrial Relations Commission of New South Wales

Established	2 September 1996 (1996-09-02)
Jurisdiction	New South Wales, Australia
Authorized by	Parliament of New South Wales via the Industrial Relations Act 1996 (NSW)
Website	www.irc.justice.nsw.gov.au
President
Currently	Michael Walton

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 New South Wales, a state of Australia. The Commission was established with effect from 2 September 1996 pursuant to the Industrial Relations Act, 1996 (NSW).

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 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.

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.^[2]

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. However, this doesn't apply when considering criminal proceedings relating to prosecutions for breaches of the Occupational Health and Safety Act, 2000 (NSW) in the Industrial Court of NSW (formerly referred to as the Commission in Court Session).^[2]

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 Australian Industrial Relations Commission.^[2]

Composition

The Commission consists of a president and a vice-president appointed by the Governor of New South Wales. The governor may also appoint deputy presidents (also referred to as presidential members) and Commissioners. A full bench of the Commission will usually comprise at least three members (often headed by the President or Deputy President who will be accompanied by one or Commissioners. The Full Bench does sometimes sit as a four or five member full bench.

The current Commission composition is:^[3]

Position	Name	Notes
President	The Hon. Justice Michael John Walton	^a
Deputy President	Deputy President Rod Harrison
Members	The Hon. Acting Judge Peter Kite
	Commissioner Inaam Tabbaa AM
	Commissioner John D. Stanton
	Commissioner Peter J. Newall
	Commissioner John V. Murphy

^a This Presidential member is also a Judicial member of the Industrial Court of New South Wales, established as a superior court of record pursuant to section 152 of the Industrial Relations Act 1996

References

↑ "Our History". Industrial Relations Commission. Government of New South Wales. 1 December 2014. Retrieved 11 August 2016.
1 2 3 "Purpose and Functions". Industrial Relations Commission. Government of New South Wales. 1 December 2014. Retrieved 11 August 2016.
↑ "Members of the Industrial Relations Commission". Industrial Relations Commission. NSW Government: Attorney General and Justice. Retrieved 10 April 2012.

External lniks

Homepage of the Industrial Relations Commission
Annual Review 2005 (PDF). Industrial Relations Commission of New South Wales. 2005. ISSN 1832-2093.

Government of New South Wales

Executive	The Queen Governor Lieutenant Governor Executive Council Premier Deputy Premier Attorney General Cabinet Entities Police Local Government

Legislative	Parliament Legislative Assembly Legislative Council Electoral districts MPs MLCs Speaker of the Legislative Assembly President of the Legislative Council Opposition Leader Shadow Cabinet

Judicial	Chief Justice Solicitor General Supreme Court District Court Local Court Other courts and tribunals

Elections	2003 2007 2011 2015 2019 By-elections Electoral Commission

Political parties	Coalition (Liberal, National) Labor Greens Christian Democratic Shooters, Fishers and Farmers Animal Justice Other parties

Departments and agencies of the New South Wales Government

New South Wales Government

Premier and Cabinet	Parliamentary Counsel's Office Independent Pricing and Regulatory Tribunal Ombudsman's Office Public Service Commission Office of the Governor NSW Electoral Commission Ombudsman Venues NSW Sydney Cricket Ground Trust Sydney Olympic Park Authority Office of Sport NSW Institute of Sport Destination NSW Infrastructure NSW Natural Resources Commission Barangaroo Delivery Authority Audit Office Auditor-General Independent Commission Against Corruption Office of Western Sydney International Engagement

Justice	Arts NSW Art Gallery Trust Australian Museum Trust Crown Solicitor's Office Corrective Services Director of Public Prosecutions Fire and Rescue NSW Independent Liquor and Gaming Authority Industrial Relations Commission Information and Privacy Commission Judicial Commission Juvenile Justice Legal Aid Commission Legal Profession Admission Board Liquor & Gaming NSW, formerly Office of Liquor, Gaming and Racing Library Council of New South Wales Museum of Applied Arts and Sciences Ministry of Police and Emergency Services Crime Commission Office of the Rural Fire Service Office of the State Emergency Service NSW Police Force NSW Trustee and Guardian Police Integrity Commission Public Guardian Registry of Births Deaths and Marriages Screen NSW Sydney Opera House Trust Veterans' Affairs

Education	Aboriginal Affairs NSW Aboriginal Land Council Board of Studies, Teaching and Educational Standards Charles Sturt University Council Macquarie University Council Southern Cross University Council University of New England Council University of New South Wales Council University of Newcastle Council University of Technology, Sydney Council University of Western Sydney Board of Trustees University of Wollongong Council

Family and Community Services	Ageing, Disability and Home Care Community Services Children's Guardian Advocate for Children and Young People Home Care Service of New South Wales Aboriginal Housing Office New South Wales Land and Housing Corporation Housing NSW Multicultural NSW

Finance and Services	Service NSW Office of State Revenue Valuer General NSW Self Insurance Corporation Motor Vehicle Repair Industry Authority Government Property NSW Teacher Housing Authority of New South Wales Parliamentary Contributory Superannuation Fund Building Insurers' Guarantee Corporation State Records Authority New South Wales Government Telecommunications Authority Motor Accidents Authority WorkCover Authority Board of Surveying and Spatial Information Building Professionals Board NSW Architects Registration Board Rental Bond Board Sydney Harbour Foreshore Authority Luna Park Reserve Trust Internal Audit Bureau NSW Fair Trading Waste Assets Management Corporation Geographic Names Board NSW Public Works (including the Government Architect)

Health	Health Care Complaints Commission Sydney Children's Hospitals Network Agency for Clinical Innovation Bureau of Health Information Clinical Excellence Commission Health Education and Training Institute Justice Health and Forensic Mental Health Network Mental Health Commission Ambulance Service of NSW Aboriginal and Torres Strait Islander Health Practice Council of New South Wales Local Health Districts x 15 Statutory Health Corporations x 10 Health Administration Corporation Cancer Institute of New South Wales Office for Women’s Policy

Industry, Skills and Regional Development	Department of Primary Industries Crown Lands Division NSW Food Authority TAFE Commission Soil Conservation Service Local Land Services Cobar Water Board Dams Safety Committee Veterinary Practitioners Board NSW Rural Assistance Authority Essential Energy Ausgrid TransGrid Endeavour Energy Delta Electricity Hunter Water Corporation Sydney Water Corporation Forestry Corporation of NSW Game Council Water NSW Sydney Catchment Authority Office of Small Business Chief Scientist and Engineer

Planning and Environment	Centennial Park and Moore Park Trust Environment Protection Authority Historic Houses Trust Jenolan Caves Reserve Trust Landcom Lord Howe Island Board Office of Environment and Heritage Office of Local Government Parramatta Park Trust Royal Botanic Gardens and Domain Trust Sydney Living Museums Taronga Conservation Society Australia UrbanGrowth NSW Western Sydney Parklands Trust

Transport	Independent Transport Safety Regulator NSW Trains Office of Transport Safety Investigations Port Authority of New South Wales RailCorp Roads & Maritime Services State Transit Authority Sydney Ferries Sydney Trains Transport for NSW WestConnex Delivery Authority

Treasury	Liability Management Ministerial Corporation Long Service Corporation NSW Treasury Corporation (TCorp) Office of Industrial Relations Residual Business Management Corporation SAS Trustee Corporation State Rail Authority Residual Holding Corporation

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