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 New South Wales, a state of Australia. It was first established following the abolition of the Industrial Commission of New South Wales set up under the Industrial Relations Act 1991 (NSW) in 1996.
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[edit] History
Industrial courts first began in New South Wales in 1901 with the establishment of the Court of Arbitration of New South Wales established by 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 under the Industrial Arbitration Act 1912 (NSW).
In 1926, the Industrial Arbitration (Amendment) Act 1926 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 (NSW).
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).
[edit] 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. 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).
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.
[edit] 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.
The current president is the Honourable Justice Frederick Lance WRIGHT. The current vice-president is the Honourable Justice Michael John WALTON.
Current Judges of the Commission include Justice Frank Marks, Justice Trish Kavanagh, Justice Monica Schmidt, Justice Conrad Staff, Justice Patricia Staunton, Justice Wayne Haylen and Justice Anna Backman.
Current Deputy Presidents of the Commission are Peter Sams, John Grayson and Rod Harrison.
Current Commissioners include Peter Connor, John Patrick Murphy, Donna McKenna, Ian Cambridge, Anne Tabbaa, Janice McLeay, Elizabeth Bishop, Alistair Macdonald and John Stanton.
A Full Bench of the Commission will usually comprise of at least 3 members (often headed by the President or Vice-President who will be accompanied by one or more Deputy Presidents and/or a Commissioner. The Full Bench does sometimes sit as a 4 or 5 member Full Bench.
[edit] References
- Homepage of commission http://www.lawlink.nsw.gov.au/irc
- Annual Review 2005 of commission ISSN 1832-2093 http://www.lawlink.nsw.gov.au/lawlink/irc/ll_irc.nsf/vwFiles/Pubn_Annual_Rpt_2005.pdf/$file/Pubn_Annual_Rpt_2005.pdf
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