Part 1Part 1 Establishment and functions of Commission
145 Establishment of Commission
(1) There is established by this Act the Industrial Relations Commission of New South Wales.(2) The Commission is to have a seal and the seal is to be judicially noticed.
146 General functions of Commission
(1) The Commission has 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 matter referred to it by the Minister,(e) functions conferred on it by this or any other Act or law.(2) The Commission must take into account the public interest in the exercise of its functions and, for that purpose, must have regard to:(a) the objects of this Act, and(b) the state of the economy of New South Wales and the likely effect of its decisions on that economy.This subsection does not apply to proceedings before the Commission in Court Session that are criminal proceedings or that it determines are not appropriate.
146B Commission may exercise certain dispute resolution functions under federal enterprise agreements
(1) A person may apply to the Commission to have a dispute resolution process conducted by the Commission in relation to a matter or matters in dispute if:(a) the parties to the dispute are bound by a federal enterprise agreement, and(b) the Commission is authorised or permitted to conduct the dispute resolution process under procedures set out in the agreement.(2) On any such application, the Commission has and may exercise such functions with respect to the resolution of the dispute as are conferred or imposed on it by or under:(a) the federal enterprise agreement concerned, and(b) the federal Act.(3) The Commission is to be constituted by a single member of the Commission unless the federal enterprise agreement or federal Act (as the case may be) requires otherwise.(4) Subject to subsection (5), the exercise of a function conferred or imposed on the Commission as referred to in subsection (2) is, for the purposes of any other provision of this Act, taken not to have been exercised under this Act.(5) The regulations may make provision for or with respect to the application of the provisions of this Act (with such modifications, if any, as may be prescribed by the regulations) to the exercise of functions conferred or imposed on the Commission as referred to in subsection (2).(6) The functions that the Commission is authorised or permitted to exercise as referred to in this section are in addition to, and do not derogate from, any other function of the Commission.(7) Nothing in this section makes any order, determination or other decision of the Commission in respect of the dispute binding on other parties to the dispute unless the federal enterprise agreement concerned or federal Act operate to make it binding on the parties.(8) In this section:federal Act means the Fair Work Act 2009 of the Commonwealth.
federal enterprise agreement means:
(a) an enterprise agreement, or(b) a preserved State agreement (but only if the nominal term of the agreement has not yet expired),within the meaning of the federal Act (and includes any workplace agreement within the meaning of the former Workplace Relations Act 1996 of the Commonwealth that continues in force under the law of the Commonwealth).modification includes addition, exception, omission or substitution.
146C Commission to give effect to certain aspects of government policy on public sector employment
(1) The Commission must, when making or varying any award or order, give effect to any policy on conditions of employment of public sector employees:(a) that is declared by the regulations to be an aspect of government policy that is required to be given effect to by the Commission, and(b) that applies to the matter to which the award or order relates.(2) Any such regulation may declare a policy by setting out the policy in the regulation or by adopting a policy set out in a relevant document referred to in the regulation.(3) An award or order of the Commission does not have effect to the extent that it is inconsistent with the obligation of the Commission under this section.(4) This section extends to appeals or references to the Full Bench of the Commission.(5) This section does not apply to the Commission in Court Session.(6) This section extends to proceedings that are pending in the Commission on the commencement of this section. A regulation made under this section extends to proceedings that are pending in the Commission on the commencement of the regulation, unless the regulation otherwise provides.(7) This section has effect despite section 10 or 146 or any other provision of this or any other Act.(8) In this section:award or order includes:
(a) an award (as defined in the Dictionary) or an exemption from an award, and(b) a decision to approve an enterprise agreement under Part 2 of Chapter 2, and(c) the adoption under section 50 of the principles or provisions of a National decision or the making of a State decision under section 51, and(d) anything done in arbitration proceedings or proceedings for a dispute order under Chapter 3.conditions of employment—see Dictionary.
public sector employee means a person who is employed in any capacity in:
(a) the Government Service, the Teaching Service, the NSW Police Force, the NSW Health Service, the service of Parliament or any other service of the Crown, or(b) the service of any body (other than a council or other local authority) that is constituted by an Act and that is prescribed by the regulations for the purposes of this section.
146D Commission has no jurisdiction in respect of death and disability payments for police officers
(1) The Commission does not have jurisdiction or power to make or vary any award or order that provides for death and disability payments to or in respect of police officers.(2) The Commission cannot, in any proceedings relating to the remuneration or other conditions of employment of police officers, treat any savings attributable to the operation of the Police Amendment (Death and Disability) Act 2011 as employee-related cost savings that may offset increased employee-related costs arising from any award or order in those proceedings.(3) This section does not apply to awards or orders:(a) with respect to payments for accrued annual, extended or other leave on the death or termination of employment of police officers, or(b) in proceedings to enforce accrued entitlements (including under an award, or provision of an award, rescinded by the Police Amendment (Death and Disability) Act 2011), or(c) in proceedings by an incapacitated police officer for the enforcement of obligations of the NSW Police Force under applicable employment policies and practices to provide restricted or other duties to the incapacitated officer, or(d) in proceedings on an appeal under section 186 of the Police Act 1990.(4) An award or order of the Commission does not have effect to the extent that it is inconsistent with this section.(5) This section extends to appeals or references to the Full Bench of the Commission.(6) This section does not apply to the Commission in Court Session.(7) This section extends to proceedings that are pending in the Commission on the commencement of this section, and to awards or orders made or varied by the Commission after the date on which the Bill for the Police Amendment (Death and Disability) Act 2011 was introduced into Parliament.(8) This section has effect despite section 10 or 146 or any other provision of this or any other Act.(9) In this section:award or order includes:
(a) an award (as defined in the Dictionary) or an exemption from an award, and(b) a decision to approve an enterprise agreement under Part 2 of Chapter 2, and(c) the adoption under section 50 of the principles or provisions of a National decision or the making of a State decision under section 51, and(d) anything done in arbitration proceedings or proceedings for a dispute order under Chapter 3.death and disability payments has the meaning it has in Part 9B of the Police Act 1990.