1 Name of Act
2 Commencement
3 Objects
4 Dictionary
5 Definition of employee
6 Definition of industrial matters
7 Definition of industry
8 Definition of industrial instrument
9 Notes in text
9A Employers declared not to be national system employers
9B Referral of workplace relations matters to Commonwealth
10 Commission may make awards
11 When award may be made
12 Persons bound by award
13 Formal matters relating to making of award
14 Mandatory dispute resolution procedures in awards
15 Commencement of award
16 Term of award
17 Variation or rescission of award (other than non-operative award)
18 Exemptions from awards
19 Review of awards
20 Consolidation of awards
20A Non-operative awards
Division 2 Particular conditions of employment in awards
21 Conditions to be provided in awards on application
22 Maximum ordinary hours of employment
23 Equal remuneration and other conditions
24 Employment protection provisions
25 Provisions relevant to technological change
26 Minimum sick leave entitlements
27 Prohibition on cashing-in of accumulated sick leave
28 Other provisions not affected
28A Definitions
29 Making of enterprise agreements
30 Coverage of enterprise agreement
31 Parties to an enterprise agreement
Division 2 Approval of enterprise agreements
32 Enterprise agreement required to be approved
33 Principles for approval of enterprise agreements
34 Application for approval of enterprise agreement
35 Approval of enterprise agreement by Commission
36 Special requirements relating to enterprise agreements to which employees are parties
36A Determination of comparable award for purposes of approval of agreement for employees without award coverage
37 Secret ballots under this Part
38 Form and content of enterprise agreement
39 Mandatory dispute resolution procedures in enterprise agreements
40 Persons bound by enterprise agreement
41 Enterprise agreements prevail over State awards
42 Term of enterprise agreement
43 Variation of an enterprise agreement
44 Termination of enterprise agreement
45 Register and publication of enterprise agreements
46 Notification of enterprise agreements to new employees
47 Enterprise agreement conditions—flow-on
Part 3 National and State decisions
48 What is a National decision?
49 What is a State decision?
50 Adoption of National decisions
51 Making of State decisions
52 Variation of awards and other orders on adoption of National decisions or making of State decisions
Division 1 Parental leave generally
53 Employees to whom Part applies
54 Entitlement to unpaid parental leave
55 What is parental leave?
56 This Part provides minimum entitlements
57 Length of service for eligibility
58 Notices and documents required to be given to employer
59 Continuity of service
60 Parents not to take parental leave at the same time
61 Cancellation of parental leave
62 Parental leave and other leave
63 Employee and employer may agree to interruption of parental leave by return to work
64 Extension of period of parental leave
65 Shortening of period of parental leave
66 Return to work after parental leave
Division 2 Miscellaneous provisions
67 Employer’s obligations
68 Termination of employment because of pregnancy or parental leave
69 Replacement employees
70 Transfer to a safe job
71 Special maternity leave and sick leave
72 Special adoption leave
Part 4B Leave for victims of crime
72AA Employees to whom Part applies
72AB Definitions
72AC Entitlement to unpaid victims leave
72AD Purposes for which victims leave may be taken
72AE Notices and documents required to be given to employer
72AF Return to work after victims leave
72AG Miscellaneous provisions relating to victims leave
73 Employees to whom Part applies
74 What is part-time work?
75 This Part not to affect other entitlements to work part-time
76 Entitlement to work part-time with agreement of employer
77 Variation of part-time work agreements
78 Obligations of employer under part-time work agreements
79 Application of industrial instruments
80 Additional hours of work
81 Leave
82 Replacement employees
83 Application of Part
84 Application for remedy by dismissed employee
85 Time for making applications
86 Conciliation of applications
87 Arbitration where conciliation unsuccessful
88 Matters to be considered in determining a claim
89 Orders for reinstatement, re-employment, remuneration, compensation
90 Effect of availability of other remedies
90A Industrial agent must not represent an applicant or employer in proceedings unless there are reasonable prospects of success
90B Extinguishment of rights and liabilities
Note
Part 7 Public sector promotion and disciplinary appeals
91 Interpretation
92 Application of Part
93 Publication of notices
94 Right of appeal
95 Excluded circumstances
96 Effect of failure to notify vacancy
Division 3 Disciplinary appeals
97 Notice of certain decisions etc
98 Right of appeal
99 Alternative rights of appeal
100 Appealable decisions may be carried into effect despite right of appeal
Division 4 Procedures relating to the making of appeals
100A Notice of appeal
100B Time for lodging appeal
100C Decisions with respect to appeals
100D Orders by Commission with respect to payment of salary and continuity of employment
100E Conciliation of disciplinary appeals
100F Powers when appeal settled by conciliation
100G Presentation of cases
100H Provisions relating to promotion appeals
Part 8 Protection of entitlements on transfer of business
101 Definitions
102 Continuity of service for determining entitlements
103 Entitlements when industrial instrument or legislation contravened
104 Prevention of double entitlement
105 Definitions
Division 2 Unfair contracts may be declared void or varied
106 Power of Commission to declare contracts void or varied
107 Orders to prevent further unfair contracts
108 Who may apply for order
108A Employment contracts in respect of which applications cannot be made
108B Time for making application
109 Conciliation of applications to be attempted first
109A Exclusion of certain contracts in connection with unfair dismissals
110 Application of Division
111 Division applies only if Commission declares contract unfair
112 Commission may determine remuneration under unfair contract
113 Notice of possible order
114 Time at which order takes effect
115 Incorporation of order in contract and other contracts
116 Variation or revocation of order
Part 10 Payment of remuneration
117 Employees to be paid in money
118 Employees to be paid in full
119 Employer not to stipulate how remuneration to be spent
120 Recovery of remuneration—no set-off or action for goods or services supplied by employer
121 Unauthorised payments—civil effect
122 Payment of unclaimed remuneration
123 Particulars of remuneration to be supplied to employees
124 Superannuation fund contributions
125 Permits—special wage payments
126 Stand-down orders—suspension of payment of remuneration
127 Liability of principal contractor for remuneration payable to employees of subcontractor
127A–127G (Repealed)
128 Minimum remuneration for musicians
129 Records to be kept by employers concerning employees
Part 11 Outworkers in clothing trades
129A Definitions
Division 2 Conditions of employment
129B Outworkers in clothing trades employed by constitutional corporations
129C Application of certain enforcement provisions
129D Claims by outworkers in clothing trades for unpaid remuneration
129E Liability of apparent employer for unpaid remuneration for which an unpaid remuneration claim has been made
129F Liability of actual employer for unpaid remuneration for which an unpaid remuneration claim has been made
129G Recovery of amount of unpaid remuneration
129H Offences relating to unpaid remuneration claims and referred claims
129I Effect of this Part
129J Relationship of this Part to Industrial Relations (Ethical Clothing Trades) Act 2001
Part 1 Conciliation and arbitration of industrial disputes
130 Notification of industrial dispute to Commission
131 Mandatory dispute resolution procedures to be followed first
132 Compulsory conference
133 Conciliation before arbitration
134 Conciliation of dispute
135 Arbitration after attempted conciliation
136 Arbitration of dispute
137 Kinds of dispute orders
138 Making of dispute orders
139 Contravention of dispute order
Part 3 Common law actions during conciliation of industrial disputes
140 Actions in tort to which Part applies
141 Actions in tort while Commission attempting to conciliate dispute not actionable
142 Injunction not to be granted while industrial tort not actionable
Part 4 Miscellaneous provisions relating to industrial disputes
143 Strike pay prohibited
144 Determination of demarcation questions concerning occupations
Chapter 4 Industrial Relations Commission
Part 1 Establishment and functions of Commission
145 Establishment of Commission
146 General functions of Commission
146A (Repealed)
146B Commission may exercise certain dispute resolution functions under federal enterprise agreements
Part 2 Membership of Commission
147 Membership of Commission
148 Appointment of members of the Commission
149 Judicial members
150 Provisions relating to members of Commission
Part 3 The Commission in Court Session
151 Judicial members to constitute Commission in Court Session
151A Name of Commission in Court Session to be the Industrial Court of New South Wales
152 Commission in Court Session superior court of record
153 Jurisdiction of Commission in Court Session
154 Declaratory jurisdiction
Part 4 Organisation of Commission
155 Constitution of Commission for exercise of functions
156 Full Bench of Commission
157 Regional matters
158 Matters relating to general award review or discrimination in workplace
159 Arrangement of business
160 Delegation by President
161 Annual report
Part 5 Procedure and powers of Commission
162 Procedure generally
162A Transfer of certain proceedings to Industrial Magistrates
162B Exercise of Commission’s functions by Industrial Registrar and Registry officers
163 Rules of evidence and legal formality
164 Powers of Commission as to the production of evidence, perjury and contempt
164A Powers of Commission as to the disclosure of matters before the Commission
165 Issue of summons
166 Representation of parties
167 Intervention by Minister, ADB and State peak council
168 Criminal procedure
169 Anti-discrimination matters
170 Amendments and irregularities
171 Power to impose conditions
172 Power to order secret ballot
173 Members who may exercise arbitration powers after attempted conciliation
174 Powers when application settled by conciliation
175 Powers of interpretation
176 Reconstitution of Commission during hearing
177 Commission may reserve decision
178 Commission divided in opinion
179 Finality of decisions
180 Contempt of Commission—offence
181 Costs
181A Obligation to disclose costs to clients and Commission
182 Recovery of amounts ordered to be paid (other than penalties)
183 Regulations relating to fees
184 Power of entry of members of Commission and other authorised officers
185 Rules of Commission
185A Practice notes
185B Commission may dispense with rules in particular cases
185C Commission may give directions in circumstances not covered by rules
186 Establishment and procedure of the Rule Committee of the Commission
Part 7 Appeals and references to Commission
187 Appeal to Full Bench from decision of Commission
188 Appeals to Full Bench by leave only
189 Time and procedure for making appeals
190 Stay of decision appealed against
190A Interlocutory and other matters in proceedings on appeal
191 Nature of appeal
192 Powers on appeal
193 References by members to Full Bench
194 Appeal from Industrial Registrar to Commission
195 Reference by, or removal from, Industrial Registrar to Commission
196 Appeals from and references by members of Commission in criminal proceedings
197 Appeals from Local Court
197A Appeals against acquittals in proceedings for offences against occupational health and safety legislation
197B Appeals on questions of law in relation to public sector promotional and disciplinary matters
198 Establishment of Industrial Committees
199 Functions of Industrial Committee
200 Duration and dissolution of Industrial Committees
201 Provisions relating to members and procedure of Industrial Committees
Part 9 Co-operation between State and Federal tribunals
202 Definitions
203 Referral of matter by Federal President to State Commission
204 Referral of matter by State President to Federal Commission
205 Joint proceedings
206 Dual Federal and State appointments of members
Part 9A Co-operation between State industrial tribunals
206A Definitions
206B Joint proceedings
206C NSW Commission may exercise functions conferred under industrial law of another State
207 Appointment of Industrial Registrar and staff
208 Functions of Industrial Registrar and Deputy Industrial Registrar
Part 11 NSW industrial relations website
208A NSW industrial relations website
208B When matter is published on NSW industrial relations website
208C Evidence of publication
Chapter 5 Industrial organisations
Part 1 Principles of association
209 Freedom of association
210 Freedom from victimisation
211 No preference to members of employee organisations over non-members
212 Conscientious objection to membership of organisation
213 Enforcement
214 Application of Part
215 State peak council—employees
216 State peak councils—employers
Part 3 Registration of organisations
Notes
217 Organisations capable of applying for registration
218 Criteria for registration
219 Applications for registration
220 Objections to registration
221 Registration
222 Incorporation of State organisations on registration
223 Continuation of registration of existing industrial organisations
224 Registered office of organisation
Division 2 Cancellation of registration
225 Institution of proceedings for cancellation of registration
226 Grounds on which registration may be cancelled
227 Cancellation of registration of industrial organisation
228 Consequences of cancellation
229 Alteration of rules (instead of cancellation of registration) of organisation
230 Suspension or other orders where cancellation of registration deferred
231 Commission may make necessary ancillary or consequential orders
232 Cancellation or other order to be recorded
Part 4 Regulation of State industrial organisations
233 Application of Part to State organisations
234 State organisations to have rules
235 General requirements for rules of State organisations
236 Rules to specify name, purposes and conditions of eligibility for membership
237 Rules to provide for procedural and administrative matters
238 Rules to provide for elections for offices
239 Rules may provide for elections for offices in State branch of Federal organisation to be elections for purposes of State organisation
240 Rules to provide for electoral system
241 Rules to provide for terms of office
242 Rules may provide for filling of casual vacancies
243 Rules to provide conditions for loans, grants and donations by State organisations
244 Industrial Registrar may determine alterations of rules
245 Alteration of rules of State organisation
246 Change of name of State organisation
247 Rules contravening the requirements for rules under this Part
248 Directions for performance of rules
Division 3 Election of officers
249 Regulations
250 Offences in relation to elections
251 Cost of elections
252 Application for inquiry concerning irregularity in election
253 Action by Industrial Registrar
254 Inquiry by Commission
255 Interim orders
256 Procedure at inquiry
257 Functions and powers of Commission at inquiry
258 Validity of certain acts where election declared void
259 Costs in relation to inquiries
260 Entitlement to membership of State organisations
261 Request by member for statement of membership
262 Request by member for copy of rules
263 Copies of report and audited accounts to be provided to members and presented to meetings
264 Resignation from membership
265 Mortality fund
266 Enforcement
Division 5 Duties and liabilities of officers
267 Acting dishonestly to deceive or defraud
268 Use of position for profit
269 Officer to disclose interest
270 Compensation to State organisation
271 Operation of Division
Division 6 Disqualification from office
272 Interpretation
273 Certain persons disqualified from holding office in State organisations
274 Application for leave to hold office in organisations by prospective candidate for office
275 Application for leave to hold office in organisations by office holder
276 Commission to have regard to certain matters
277 Action by Commission
278 Records to be kept and lodged by organisations
279 Directions by Industrial Registrar concerning maintenance of register of members
280 Organisations to notify particulars of loans, grants and donations
281 Waiver of requirement to keep records
282 Regulations
283 Regulations
Division 10 Validating provisions
284 Definitions
285 Validation of certain acts done in good faith
286 Validation of certain acts after 4 years
287 Order affecting application of section 285 or 286
288 Commission may make orders in relation to consequences of invalidity
289 Application for membership of organisation by person treated as having been a member
290 No challenge to dual membership with Federal organisation
290A Amalgamations
Part 5 Regulation of industrial organisations (other than State organisations)
291 Regulations applying Part 4
292 Documents to be lodged with Industrial Registrar
293 Cancellation of registration or other penalty for contravention of this Part
294 Determination of demarcation questions concerning interests of industrial organisations of employees
295 Demarcation orders—coverage of industrial organisations of employees
Part 7 Entry and inspection by officers of industrial organisations
296 Definitions
297 Right of entry for discussion with employees
298 Right of entry for investigating breaches
299 Provisions relating to authorities issued to officers
300 No entry to residential premises without permission
301 Offences
302 Powers of Commission
Part 8 Legality of trade unions
303 Meaning of “trade union”
304 Illegality on grounds of restraint of trade excluded
305 Certain agreements not affected
Chapter 6 Public vehicles and carriers
Part 1 Application and definitions
306 Contracts to which Chapter applies
307 Contract of bailment—meaning
308 Bailor—meaning
309 Contract of carriage—meaning
310 Principal contractor—meaning
310A Authorisations for purposes of Trade Practices Act 1974 of the Commonwealth
Part 2 Contract determinations
311 Applications to exercise functions
312 Jurisdiction of Commission with respect to contracts of bailment
313 Jurisdiction of Commission with respect to contracts of carriage
314 Jurisdiction with respect to reinstatement of contracts
315 Conference to precede contract determination
316 Making of contract determinations
317 Binding force of determination
318 Commencement of determination
319 Term of determination
320 Variation or rescission of determinations
321 Exemptions from determinations
322 Agreements concerning contract conditions
323 Contract agreement required to be approved
324 Application for approval of contract agreement
325 Approval of contract agreement by Commission
325A Special requirements relating to contract agreements to which groups of carriers are parties
326 Persons bound by contract agreement
327 Contract agreements prevail over contract determinations
328 Term of contract agreement
329 Variation of a contract agreement
330 Termination of contract agreement
331 Register and publication of contract agreements
332 Compulsory conference with respect to disputes
Part 5 Associations of employing contractors, drivers and carriers
333 Associations of employing contractors
334 Cancellation of registration
335 Associations of contract drivers and contract carriers
336 Objections to registration of drivers’ and carriers’ associations
337 Grant or refusal of applications
338 Withdrawal or cancellation of registration
339 Demarcation questions relating to associations
340 Change of name or amalgamation of associations
341 Certificates of registration etc
342 Registers to be kept
343 Application of certain provisions for the purposes of this Chapter
344 Interpretation of applied provisions
Part 7 Compensation for termination of certain contracts of carriage
345 Definitions
346 Claim for compensation
347 Contract of Carriage Tribunal
348 Compulsory conference with respect to claims
349 Arbitration of claim
350 Appeal from Tribunal to Full Bench of Commission
351 General procedure and powers of Tribunal
352 Voting by members of Tribunal
353 Costs
354 Representation of parties
355 Contracting out prohibited in certain circumstances
Part 1 Breach of industrial instruments
356 Definition
357 Civil penalty for breach of industrial instruments
358 Related proceedings for recovery of remuneration and other money
359 Injunction to restrain further contraventions of industrial instruments
360 Advertisements that contravene industrial instruments
361 Exhibition of industrial instruments in workplace
362 Power to amend proceedings
363 Secretary or agent of union receiving money for contravention of, or under, industrial instrument
Part 2 Recovery of remuneration and other amounts
364 Definitions
365 Order for recovery of remuneration and other amounts payable under industrial instrument
366 Order for recovery of over-award payments under contract of employment
367 Order for recovery of payments not fixed by industrial instruments
368 Order for recovery of unpaid superannuation
369 Application for order
370 Making of order
371 Conciliation to be attempted before order made
372 Order for interest
373 Order for costs
374 Power to amend application
375 Recovery of amounts ordered to be paid
376 Alternative proceedings for debt recovery in other courts
377 Age of claimant not a bar
378 Payment where employee represented by industrial organisation
379 Small claims procedure
380 Small claims during other Commission hearings
381 Appointment of Chief and other Industrial Magistrates
382 Jurisdiction of Chief and other Industrial Magistrates
383 Procedure
383A Recovery of amount ordered to be paid by Industrial Magistrate under other legislation
Part 4 Inspectors and their powers
384 Appointment of inspectors
385 Inspectors’ powers
386 No entry to residential premises without permission or search warrant
387 Offences relating to obstruction etc of inspectors
388 Search warrant
389 Disclosure of information
390 Evidence of an industrial instrument or order
391 Evidence of registration of industrial organisation
392 Evidence of rules of industrial organisation
393 Evidence of membership of, or office in, industrial organisation
394 List of officers to be evidence
395 Trade and other financial secrets tendered as evidence
Part 6 Criminal and other legal proceedings
396 Penalty notices
397 Summary procedure for offences under this Act or regulations
398 Time for instituting proceedings
399 Authority to prosecute
400 Offences by corporation
401 Proceedings by and against unincorporated associations
402 Recovery of penalty by appointment of receiver
403 Payment of penalties
404 Act binds the Crown
405 Statutory provisions relating to public sector employees
406 Awards and other industrial instruments provide minimum entitlements
406A Costs agreements
407 Regulations
408 Repeal of Industrial Relations Act 1991 No 34 and regulations
409 Savings, transitional and other provisions
410 (Repealed)
411 Review of Act
Schedule 1 Persons deemed to be employees
Schedule 2 Provisions relating to members of Commission
Schedule 3 Provisions relating to members and procedure of Industrial Committees