AGY-477 | Industrial Relations Commission of New South Wales [II]

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The Industrial Relations Commission of New South Wales [II] (IRC) was established by the Industrial Relations Act, 1996 (Act No.17, 1996) on 2 September 1996. The 1996 Act allowed for the merging of functions of the Industrial Relations Commission of New South Wales [I] and Industrial Court of New South Wales which were spilt into two bodies under the Industrial Relations Act 1991 (Act No.34, 1991). (1)

The Commission had the following functions: (a) setting remuneration and other conditions of employment, (b) resolving industrial disputes, (c) hearing and determining other industrial matters, (d) inquiring into, and reporting on, any industrial or other matters referred to from Minister, and (e) functions conferred on it by this or any other Act or law. (2)

The Commission consisted of a President, Vice President, Deputy Presidents and Commissioners. The President, Vice President and Deputy Presidents were referred to as Presidential Members. The members of the Commission were appointed by the Governor. (3) The IRC may be constituted by one member or a Full Bench of the Commission. A Full Bench of the Commission consisted of at least three members and included one Presidential Member and one Commissioner. (4)

The "Commission in Court Session" was constituted by a judicial member or members of the IRC appointed by the governor and was a superior court of record that carried out the judicial functions of the IRC. (6)

The IRC constituted by a Presidential Member, may establish an Industrial Committee, on application, to cover the whole or any part of a particular industry. An Industrial Committee should consist of a member of the Commission who should also act as chairperson and equal numbers of representatives of employees and employers. The members of an Industrial Committee, except for the chairperson, were be appointed by the Industrial Registrar. (8) The role of the Commission under the Act may be exercised by an Industrial Committee with regards to the industry for which it was established. (9)

The Industrial Registrar and the Industrial Relations Commission Registry was continued by the Act. The Industrial Registrar was responsible to the President of IRC. The Industrial Registry provided administrative support and registry services to assist the President and Commissioners conciliate and determine matters lodged before the State's Industrial tribunal; facilitated access to the Industrial Relations Commission and its services; and was responsive to the needs of all persons accessing the services of the Industrial Registry of the IRC. (10)

Administratively the Commission was a business unit in the Court Services program of the Attorney General's Department. (11) The program was re-named court and tribunal services in 1999. (12)

On 9 December 2005 the Industrial Relations Amendment Act 2005 commenced amending the Industrial Relations Act 1996. This Act renamed the Industrial Relations “Commission in Court Session” to be referred to as the Industrial Court of New South Wales. (13)

From 1 July 2009 when the Attorney General's Department was abolished the IRC became a branch of the new Principal Department, the Department of Justice and Attorney General. (14)

From 1 July 2010 the public sector appeals process for both promotional and disciplinary appeals was transferred from the Government and Related Employees Appeal Tribunal (GREAT) to the IRC. The President of the Commission also assumed the role of the Chairperson of the Transport Appeal Boards (TAB). These functions were transferred under the Industrial Relations Amendment (Public Sector Appeals) Act 2010 (Act No.54, 2010) which amended the Industrial Relations Act 1996 and the Transport Appeal Board Act 1980. (15)

From 4 April 2011 when the name of the Department of Justice and Attorney General was changed the Industrial Relations Commission became a branch of the Department of Attorney General and Justice. (16) On 17 June 2011, the Industrial Relations Amendment (Public Sector Conditions of Employment) Act 2011 commenced requiring the IRC to give effect to aspects of government policy declared by the regulations relating to public sector conditions of employment. (17)

On 20 December 2013 the Industrial Relations Amendment (Industrial Court) Act 2013 commenced and substantially amended the Industrial Relations Act 1996; specifically the jurisdiction of a Full Bench of the Industrial Court dealing with cancellation of industrial organisations was transferred to the IRC. (18)

On 23 April 2014 the name of the Department of Attorney General and Justice was changed to the Department of Police and Justice. (19) From 1 July 2014 the name of the Department of Police and Justice was changed to the Department of Justice. (20)

The Industrial Court of the IRC was dissolved on 8 December 2016 following the enactment of the Industrial Relations (Industrial Court) Amendment Act 2016 (Act No. 48, 2016). The judicial jurisdiction of the Industrial Court was transferred to the Supreme Court of NSW and the offices of President, Vice President and Deputy President of the IRC Court were abolished. The decision to abolish the Industrial Court "followed several years of decline in the volume of judicial work". The office of Chief Commissioner was created and that office exercises all of the functions formerly exercised by the President (except for the functions relations to the former Industrial Court). The members of the Commission continue to be judicial officers for the purposes of the Judicial Officers Act and the Chief Commissioner, as head of the jurisdiction, is an official member of the Judicial Commission. (21)

On 1 July 2019 the Department of Justice was abolished, the IRC was transferred into the Department of Communities and Justice. (22)

Endnotes
1. NSW Government Gazette No.99, 30 August 1996, p.4983; Industrial Relations Commission of NSW, Our History, https://www.irc.nsw.gov.au/irc/about-us/our-history.html (accessed 15 December 2022).
2. Industrial Relations Act No. 17 of 1996, s.146(a).
3. Ibid., ss.147-148.
4. Ibid., s.155.
5. Ibid., s.151.
6. Ibid., s.152.
7. Ibid., s.153.
8. Ibid., s.198.
9. Ibid., s.199(1).
10. Industrial Relations Commission of NSW, Annual Report, Year ended 31 December 1997, p.11; Industrial Relations Commission of NSW website, Industrial Registry, https://irc.nsw.gov.au/irc/about-us/purpose-and-functions/industrial-registry.html (accessed 15 December 2022).
11. Report of the Attorney General's Department for the year ended 30 June 1997, pp.6, 16, 19.
12. Report of the Attorney General's Department for the year ended 30 June 1999, p.9, 18-19, 21.
13. Industrial Relations Amendment Act 2005 (Act No.104, 2005), Sch.1.; NSW Government Gazette No.154, 9 December 2005, p.10026.
14. Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No 352) cls. 20; notified on NSW Legislation Website, 27 July 2009.
15. Premier & Cabinet, Circular C2010-21 Transfer of public sector appeals processes to the NSW Industrial Relations Commission issued 7 July 2010.
16. Public Sector Employment and Management (Departments) Order 2011 (2011 No 184) cls. 36; notified on NSW Legislation Website, 3 April 2011.
17. Industrial Relations Commission of NSW, Annual Report year ended 31 December 2011, p.68.
18. Industrial Relations Commission of NSW, Annual Report year ended 31 December 2013, p.57.
19. Administrative Arrangements (Administrative Changes—Ministers and Public Service Agencies) Order 2014 (2014 No 233); NSW Legislation Website, 23 April 2014.
20. Administrative Arrangements (Administrative Changes—Miscellaneous Agencies) Order 2014 (2014 No 413); NSW Legislation Website, 30 June 2014.
21. 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.
22. Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2019 (2019 No 159) cl. 10 (2); NSW Legislation Website, 2 April 2019 amended by 2019 (2019 No 180); NSW Legislation website, 1 May 2019.