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A Registrar was appointed to the Court of Industrial Arbitration and given the power to appoint such officers as may be required under the Industrial Arbitration Act 1901 (Act No. 59, 1901). This Act was placed under the administration of the Department of Attorney General and Justice from 12 December 1901. (1)
The Registry was known as the Industrial Arbitration Office and was responsible determining applications for permits to work less than award rates, receipt of applications for determination by the Court and carrying out the orders of the Court. (2)
The Industrial Disputes Act 1908 (Act No. 3, 1908) provided for the constitution of boards to determine the conditions of employment in industries from 21 December 1908. In addition to the duties previously mentioned, the Registrar became responsible for the executive work connected with the constitution and control of the boards. There were 213 of these boards by 1912. (3)
The Industrial Arbitration Act 1912 (Act No. 17, 1912) provided for the constitution of a Court of Arbitration as well as that of the boards. This Act was placed under the administration of the then Department of Labour and Industry on 17 April 1912 and the Industrial Registrar classed as Permanent Head of the Department. (4) This Act also allowed for the constitution of Conciliation Committees by the Minister. These Committees applied to colliery districts only and had the power to look into any industrial matter regarding coal or metalliferous mining within its district. The Industrial Registrar became responsible for some of the administrative work connected with the Conciliation Committees.
The Industrial Commission was appointed under the Industrial Arbitration (Amendment) Act, 1926 (No.14, 1926), assuming the powers and duties of the Court of Arbitration and the NSW Board of Trade. The Industrial Registrar continued to provide administrative support to this body. The boundaries of Conciliation Committees were extended under this legislation, no longer being restricted to the colliery industry. A Conciliation Commissioner was appointed under the Industrial Arbitration Amendment Act, 1932 (Act No.39, 1932). This position assumed the powers and duties of the Deputy Commissioner as well as those of any chairman of a Conciliation Committee.
On 1 July 1936 the Industrial Registrar became responsible for registering trade unions as well as industrial unions, a duty which had previously been performed by the Registrar of Friendly Societies under the Trade Union Act, 1881. This change was directed by the Trade Union (Amendment) Act, 1936 (Act No.23, 1936).
The Industrial Arbitration Act, 1991 (Act No.34, 1991) changed the way in which unions were registered. Instead of being registered as a Trade Union under the Trade Union Act, 1881 or as an industrial union under the Industrial Arbitration Act, 1940 they were registered as organisations. There were three types of organisations, industrial organisations of employers, industrial organisations of employees and non-industrial organisations. The Industrial Register was responsible for administering this and was required to submit an annual report. (5)
By 1994, the Industrial Registrar was responsible to the President of the Industrial Relations Commission and in relation to functions under the Public Sector Management Act 1988 is responsible to the Department of Industrial Relations, Employment, Training and Further Education. (6)
The Department of Industrial Relations, Employment Training and Further Education was abolished on 5 April 1995 and the branches that dealt with Industrial Relations became the new Department of Industrial Relations. (7)
On September 2, 1996, the Industrial Relations Act 1996 (Act No.17, 1996) came into force, repealing the 1991 Act and creating the Industrial Relations Commission Registry. The Industrial Relations Commission Registry provided administrative support and registry services to assist Judges, Deputy Presidents and Commissioners conciliate and determine matters lodged before the State's Industrial tribunals and to facilitate access to the Industrial Relations Commission and its services. The main functions of the Registry were to:
- Manage the administrative and registry functions of the Industrial Relations Commission;
- Provide information on the civil, criminal and appellate jurisdictions of the Industrial Relations Commission;
- Provide information concerning the status and disposition of matters before the Industrial Relations Commission;
- List matters before the Judges, Deputy Presidents and Commissioners and allocate resources to support the functions of those bodies; and
- To develop and maintain a computerised case management system. (8)
The Industrial Registrar also had statutory duties under the Industrial Relations Act 1996 and other legislation, and the Industrial Registry supported that role. Some of those functions included: deferral of annual leave; publishing the orders and awards made by the Commission in Industrial Gazette so that they have legal effect; preparing comparison reports on enterprise agreements; and determining applications for conscientious objection to union membership and right of entry permits. (9)
In the 1997 financial year, the Industrial Registry and Commission was transferred to the Attorney General’s Department and the Office of the Commissioner for Enterprise Agreements was abolished. (10)
By 2003 the Industrial Registrar was responsible to the President of the Industrial Relations Commission in relation to the work of the Industrial Registry and, in relation to functions under the Public Sector Employment and Management Act 2002 (Act No. 43, 2002), to the Attorney General's Department. (11) In 2004, The Registry provided administrative support to the Members of the Commission under 5 divisions: Registry Client Services (situated in six locations), Electronic Services Team, Industrial Organisations Team, Executive and Legal Team and Information Management Team. (12)
From 1 July 2009 the Attorney General's Department [III] was abolished and its functions (including the Registry) were transferred to the new Principal Department, the Department of Justice and Attorney General. (13) By 2011, the Registry held four divisions: Registry Client Services (situated at 4 locations); Information Management & Electronic Services Team, Industrial organisations Team and Executive and Legal Team. (14) Following the amalgamation of the Superior Court Registries in March 2014 the Registrar reported to the Chief Executive Officer of the Supreme Court in relation to reporting and budgetary responsibilities. (15)
On 23 April 2014 the name of the Department of Attorney General and Justice was changed to the Department of Police and Justice. (16) On 1 July 2014 the name of the Department of Police and Justice was changed to the Department of Justice. (17)
At the dissolution of the Industrial Court on 8 December 2016 and further amendment of the Act. The office of the President was dissolved and office of Chief Commissioner of the Industrial Relations Commission was created exercising all of the functions former President. The Registrar continued to work with the Chief Commissioner to manage day-to-day operational procedures. (18)
The Registry was substantially restructured in late December 2016 into 2 divisions: the Client Services Team (situated at 1 location) and Commissioner Support Team. The Client Services team was responsible for receiving all applications and claims, guiding applicants and claimants through the management of their matter, listing matters to be heard by Members and providing formal orders made by the Commission or Industrial Court. Commissioner Support Team was the principal source of administrative support to the Chief Commissioner and Commissioners. (19)
On 1 July 2019 the Department of Justice was abolished, and its former staff were transferred the Department of Communities and Justice. (20)
Endnotes
1. NSW Government Gazette No.1039, 13 December 1901, p.9516.
2. Department of Labour and Industry, Report with an Historical Review on the operations of the Department of Labour and Industry during the year 1918, Parliamentary Papers, 1919, Vol 1, p.483.
3. Ibid.
4. NSW Government Gazette No.165, 20 November 1912, p.6943.
5. Industrial Registrar, Annual Report 1991-92, p.2.
6. Industrial Relations Commission of New South Wales, Annual Report year end 31 December 1994.
7. NSW Government Gazette Special Supplement No.39, 5 April 1995, p.1859.
8. Department of Industrial Relations, Annual Report, 1994/95 p.21.
9. Industrial Registry. Purpose and Functions. From Industrial Relations Commission Registry website http://www.irc.justice.nsw.gov.au/Pages/IRC_about_us/IRC_about_us_regpurpose.aspx (accessed 10 April 2015).
10. Department of Industrial Relations Annual Report, 1997, p1.
11. Industrial Relations Commission of NSW, Annual Report year Ended 31 December 2003, p.8.
12. Industrial Relations Commission of NSW, Annual Report Year Ended 31 December 2004, p.8.
13. Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No 352) cls. 20; NSW Legislation website, 27 July 2009.
14. Industrial Relations Commission of NSW, Annual Report year ended 31 December 2011, p.32.
15. Industrial Relations Commission of NSW, Annual Report year ended 31 December 2014, p.22.
16. Administrative Arrangements (Administrative Changes—Ministers and Public Service Agencies) Order 2014; notified NSW Legislation website (2014 No 233), 23 April 2014.
17. Administrative Arrangements (Administrative Changes—Miscellaneous Agencies) Order 2014 (2014 No 413); notified NSW Legislation Website, 30 June 2014.
18. Industrial Relations Amendment (Industrial Court) Act 2016 (Act No.48, 2014), Sch.1; NSW Legislation Website, 18 October 2016; Industrial Relations Commission of NSW, Annual Report 2016, p.6.
19. Industrial Relations Commission of NSW, Annual Report year ended 31 December 2017, p.12.
20. Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2019 (2019-159) cl. 10 (2); NSW Legislation Website, 2 April 2019.
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