AGY-474 | Industrial Commission of New South Wales

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The Industrial Commission of New South Wales was established under the Industrial Arbitration (Amendment) Act No.14, 1926 on 15 April, 1926. (1) The Commission assumed the duties and responsibilities of the Court of Industrial Arbitration and the Board of Trade.(2)

Provision was made for the appointment of an Industrial Commissioner who, whether sitting with other members or alone constituted the Industrial Commission of New South Wales. The Act also allowed for the appointment of a Deputy Commissioner and an even number of members, one half representing employers and one half representing employees.(3)

The Industrial Commission received the power to determine any industrial matter referred to it by the Minister. An industrial matter as defined by the act included matters affecting or relating to work to be done such as wages, hours of employment, sex, age, qualification, status of employment, the employment of children and the interpretation of an industrial agreement or award.(4)

In addition the Industrial Commission was required to determine the living wage for adult male and female employees and to hear and determine appeals.(5) The Act extended the Conciliation Committee scheme, giving the Minister the authority to establish a committee for any industry or calling for which an Industrial Board was constituted. In instances where there was not a Board the Minister could constitute one so that a committee may be formed. (6)

The purpose of a Conciliation Committee was to inquire into any industrial matter within the industry for which it had been established and to make an order or award which is binding on the employees in that industry.(7) The Committee had exclusive jurisdiction and the Industrial Commission did not have the authority to make awards or inquire into industrial matters in an industry for which a Conciliation Committee existed. However if the Committee failed to make an award the matter could be referred to the Commission.(8)

In 1927 the Industrial Arbitration Act was again amended, changing the constitution of the Industrial Commission to three members, from whom one was to be elected President.(9)

The Industrial Arbitration (Amendment) Act, 1932 (Act No.39, 1932) abolished the offices of the Deputy Commissioner and the Chairmen of Conciliation Committees. (10)A Conciliation Commissioner was appointed to assume their duties and responsibilities.(11)

The Act also made provision for the setting up of Apprenticeship Councils. An Apprenticeship Commissioner was appointed to act as chairman of each Apprenticeship Council. Each Council consisted of the Conciliation Committee for the industry and the Apprenticeship Commissioner. An Apprenticeship council could exempt an employer from requirements concerning the employment of apprentices, such as awards or industrial agreements.(12)

The Industrial Arbitration (Amendment) Act, 1936 (Act No. 14 1936) extended the membership of the Industrial Commission from three to four.(13) The Act also allowed for the appointment of additional Apprenticeship Commissioners. The powers of Apprenticeship Councils were extended and their determinations were final, as were those of Conciliation Committees.(14)

The power of the Industrial Commission to set the standard living wage was repealed by the Industrial Arbitration (Amendment) Act, 1937 (Act No.9, 1937). Instead the basic wage determined by the Commonwealth Court of Conciliation and Arbitration would be adopted in New South Wales.(15) The constitution of the Industrial Commission was altered by the Industrial Arbitration and Workers’ Compensation (Amendment) Act, 1938 (Act No.36 1938) . The Commission was to have five or six persons appointed by the governor, one of whom shall be appointed President.(16)

The Industrial Arbitration Act, 1940 (Act No.2, 1940) consolidated all acts relating to industrial arbitration. The Court was defined as a superior court and a court of record.(17) The definition of "industrial matters" under the Act was extended to include any shop craft or any industry dispute and any claim that the same wage should be paid to people of either sex performing the same work.(18)

The duties of the Industrial Commission were wide ranging and included acquiring and disseminating knowledge to do with industrial occupations, proposing schemes for welfare work, and investigating matters referred to it by the Minister such as the prices of goods and services or the cost of rent.(19) At sittings of the Commission three members were required to be present as arranged by the president, however the Commission was empowered to delegate its functions or powers to one member in any particular matter.(20)

The Industrial Arbitration (Amendment) Act of 1948 made provision for the Industrial Commission to have simultaneous sittings. (21) The Act also required the Commission to summon a conference of Conciliation Commissioners every four months to discuss the operation of the Act and measures for expediting the settlement of industrial disputes.(22)

In 1955 the Industrial Commission was increased to a maximum of twelve members under the Industrial Arbitration Amendment Ac, 1955 (Act No.11, 1955) .(23) The authority of the Industrial Commission and Conciliation Committees was increased to enable the Commission to make awards for the payment of wages in excess of £40 and of annual salaries in excess of £2000.(24) under the Industrial Arbitration (Amendment) Act , 1956 (Act No.42, 1956).

The Industrial Arbitration (Amendment) Act, 1959 (Act No.29, 1959) introduced the definition of "Commission in Court". A "Commission in Court Session" must be constituted by the President and at least two other members of the Industrial Commission. However, the jurisdiction and powers exercised by the Commission under the act may be exercised by a member sitting alone.(25)

The Industrial Arbitration Amendment Act, 1973 (Act No.66, 1973) gave the Conciliation Commissioners the authority to settle disputes between industry groups involving demarcation of callings or professions.(26) The Industrial Commission was enabled to make awards to reduce the working hours for an industry in 1974.(27)

While in 1975 an amendment was made to the Act requiring that any industrial agreement made by an Industrial Magistrate or Conciliation Commissioner must be endorsed by the Industrial Commission.(28) Those public employees previously excluded and members of the Police Service, were brought under the jurisdiction of the Act by the Industrial Arbitration (Amendment) Act No.38 of 1976.(29)

In 1981 distinction was made between Judicial and Non Judicial members of the Industrial Commission. A session of the "Commission in Court" must be constituted by three Judicial members of the Industrial Commission. (30) The composition of a "Commission in Court" session was again altered in 1988 to comprise three members of the Commission, one of whom must be a judicial member. There is no requirement for a Conciliation Commissioner to be present, however, one only may be appointed to each "Commission in Court" Session.(31)

The Industrial Commission of New South Wales was abolished on 31 March, 1992 by the Industrial Relations Act, 1991 (Act No. 34, 1991) (32) which established the Industrial Commission of New South Wales to carry out conciliation and duties and the Industrial Court took the judicial role.(33)

Endnotes
1. NSW Government Gazette 1926 (1926 No 45),p.2390; 13 April 1926, 2. Industrial Arbitration (Amendment) Act No.14 of 1926, s.3-4 3. Ibid., (Section 8(I)) 4. Industrial Arbitration Act No. 17 of 1912, (Section 5) 5. Industrial Arbitration (Amendment) Act No.14 of 1926, (Section 7(I a-d) 6. Ibid.,(Section 8(I)) 7. Ibid.,(Section 9(I)) 8. Ibid.,(Section 10) (9)ibid., (Section 2(I)) (10)Industrial Arbitration (Amendment) Act No.39 of 1932, (Section 6(1)) (11)ibid., (Section 7(1)) (12)ibid.,(Section 10 ) (13)Industrial Arbitration (Amendment) Act No. 14 of 1936, (Section 3 (1a)) (14)ibid., (Section 8) (15)Industrial Arbitration (Amendment) Act No.9 of 1937, (Section 3(1)) (16)Industrial Arbitration and Workers’ Compensation (Amendment) Act No.36 of 1938. (17)Industrial Arbitration Act No.2 of 1940, (Section 14 (1)) (18)ibid.,(Section 5) (19)ibid.,(Section 35) (20)ibid.,(Section 8(a)) (21)Industrial Arbitration (Amendment) Act No.13 of 1948, (Section 2(a)) (22)ibid., (Section 9) (23)Industrial Arbitration (Amendment) Act No.11 of 1955,(Section 2(a)) (24)Industrial Arbitration (Amendment) Act No. 42 of 1956,(Section 2) (25)Industrial Arbitration (Amendment) Act No. 29 of 1959, (Section 4) (26)Industrial Arbitration (Amendment) Act No.66 of 1973,(Section 4) (27)Industrial Arbitration (Amendment) Act No.4 of 1974,(Section 2) (28)Industrial Arbitration (Amendment) Act No.82 1975,(Section 2) (29)Industrial Arbitration (Amendment) Act No. 38 of 1976,(Section 2) (30)Industrial Arbitration (Amendment) Act No. 53 of 1981,(Section 2) (31)Industrial Arbitration (Amendment) Act No.43 of 1988,(Section 1) (32)NSW Government Gazette, No.40, 27 march 1992,p1978 (33)Industrial Relations Act No. 34 of 1991, (Section 288) References - Blue Books (Public Service Lists) 1858 - 1960, Sydney, Government Printer, 1926-1960 New South Wales Government Gazette. - Sydney, Government Printer, 1926 - 1992 New South Wales Government Directory. - Sydney, New South Wales Government Information Service, 1977-1992 - Archives Authority of NSW, "The Concise Guide" 2nd Edition, Sydney, The Authority, 1992 - Industrial Arbitration (Amendment) Act No. 14 of 1926 - Industrial Arbitration Act No. 17 of 1912 - Industrial Arbitration (Amendment) Act No.39 of 1932 - Industrial Arbitration (Amendment) Act No.14 of 1936 - Industrial Arbitration (Amendment) Act No.9 of 1937 - Industrial Arbitration and Workers' Compensation (Amendment) Act No.36 of 1938 - Industrial Arbitration Act No. 2 of 1940 - Industrial Arbitration (Amendment) Act No.13 of 1948 - Industrial Arbitration (Amendment) Act No.11 of 1955 - Industrial Arbitration (Amendment) Act No.42 of 1956 - Industrial Arbitration (Amendment) Act No.29 of 1959 - Industrial Arbitration (Amendment) Act No.66 of 1973 - Industrial Arbitration (Amendment) Act No.4 of 1974 - Industrial Arbitration (Amendment) Act No.82 of 1975 - Industrial Arbitration (Amendment) Act No.38 of 1976 - Industrial Arbitration (Amendment) Act No.53 of 1981 - Industrial Arbitration (Amendment) Act No.43 of 1988 - Industrial Relations Act no.34 of 1991