An Act to make provision in relation to the coal industry in New South Wales and elsewhere; and for related purposes.
long title: Subst 1992 No 50, Sch 2 (1).
WHEREAS it has been agreed between the Governments of the Commonwealth and the State of New South Wales that they will jointly establish authorities vested with power to take action with respect to industrial relations, mineworkers’ health and welfare and certain other matters in the coal industry:
AND WHEREAS it has been further agreed that the two Governments are to take all practicable steps to secure the passage by the Parliament of the Commonwealth and the Parliament of the State of New South Wales of legislation within the constitutional powers of the respective Parliaments providing for these and other related matters:
AND WHEREAS each of the two Governments has undertaken not to take action, without the prior concurrence of the other, to repeal or amend any of the legislation covered by the agreement:
preamble: Subst 1992 No 50, Sch 2 (2).
BE it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:
Part 1 Preliminary
1 Name of Act and construction
(1) This Act may be cited as the Coal Industry (Industrial Matters) Act 1946.(2) This Act shall be read and construed subject to the Commonwealth of Australia Constitution Act, and so as not to exceed the legislative power of the State, to the intent that where any provision of this Act, or the application thereof to any person or circumstance is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances shall not be affected.s 1: Am 2001 No 107, Sch 6 [1].
2 (Repealed)
s 2: Rep 1992 No 50, Sch 4 (1).
3 Commencement
The several Parts and sections of this Act shall come into operation on such dates as are respectively fixed by the Governor by proclamation published in the Gazette.
4 Interpretation
(1) In this Act, unless the contrary intention appears:Australian Commission means the Australian Industrial Relations Commission.coal mining industry includes the shale mining industry.Commonwealth Industrial Relations Act means the Industrial Relations Act 1988 of the Commonwealth, and includes any rules of court or regulations in force under that Act.(2) (Repealed)s 4: Am 1951 No 47, sec 4 (a); 1979 No 156, Sch 2 (1); 1992 No 50, Sch 1 (1), Sch 2 (3), Sch 3 (1), Sch 4 (2), Sch 5 (1); 1995 No 19, Sch 1 (1) (2); 2001 No 107, Sch 6 [2].
Parts 2–7
5–54A (Repealed)
pt 2: Rep 2001 No 107, Sch 6 [3].
s 5: Am 1979 No 156, Sch 2 (2); 1992 No 50, Sch 1 (2). Rep 2001 No 107, Sch 6 [3].
s 6: Subst 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 [3].
s 7: Subst 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 [3].
s 8: Am 1979 No 156, sec 5, Sch 2 (3). Subst 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 [3].
s 9: Subst 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 [3].
s 10: Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 [3].
s 11: Am 1979 No 156, Sch 2 (4). Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 [3].
s 12: Am 1979 No 156, Sch 2 (5); 1982 No 69, Sch 2. Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 [3].
s 13: Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 [3].
s 14: Am 1960 No 22, sec 2; 1979 No 156, Sch 2 (6). Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 [3].
s 15: Am 1979 No 156, Sch 2 (7). Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 [3].
s 16: Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 [3].
s 17: Am 1979 No 156, Sch 2 (8). Rep 1992 No 50, Sch 2 (5). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 [3].
ss 18–20: Rep 1992 No 50, Sch 2 (5). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 [3].
s 21: Am 1979 No 156, Sch 2 (9). Rep 1992 No 50, Sch 2 (5). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 [3].
s 22: Am 1979 No 156, Sch 2 (10). Rep 1992 No 50, Sch 2 (5). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 [3].
pt 3: Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 [3].
pt 4: Rep 1992 No 50, Sch 2 (5).
pt 5: Rep 1992 No 50, Sch 2 (6).
s 23: Rep 1992 No 50, Sch 2 (6). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 [3].
s 24: Rep 1992 No 50, Sch 2 (6). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 [3].
s 25: Am 1979 No 156, Sch 2 (11). Rep 1992 No 50, Sch 2 (6). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 [3].
s 26: Am 1979 No 156, Sch 2 (12). Rep 1992 No 50, Sch 2 (6). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 [3].
s 27: Am 1979 No 156, Sch 2 (13). Rep 1992 No 50, Sch 2 (6). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 [3].
s 28: Am 1965 No 8, sec 2 (1) (a). Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 [3].
s 29: Am 1979 No 156, Sch 2 (14). Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 [3].
s 30: Am 1979 No 156, Sch 2 (15). Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 [3].
s 31: Am 1965 No 8, sec 2 (1) (b); 1979 No 156, Sch 2 (16). Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 [3].
s 32: Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 [3].
s 33: Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 [3].
s 34: Am 1979 No 156, Sch 2 (17). Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 [3].
s 35: Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 [3].
pt 6: Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 3 (2). Rep 2001 No 107, Sch 6 [3].
ss 35A–35C: Ins 1992 No 50, Sch 3 (2). Rep 2001 No 107, Sch 6 [3].
s 35D: Ins 1992 No 50, Sch 3 (2). Rep 1992 No 111, Sch 1.
s 35E: Ins 1992 No 50, Sch 3 (2). Am 1992 No 111, Sch 1. Rep 2001 No 107, Sch 6 [3].
s 35F: Ins 1992 No 50, Sch 3 (2). Am 1992 No 111, Sch 1. Rep 2001 No 107, Sch 6 [3].
ss 35G–35J: Ins 1992 No 50, Sch 3 (2). Rep 2001 No 107, Sch 6 [3].
s 35K: Ins 1992 No 50, Sch 3 (2). Rep 1992 No 111, Sch 1.
s 35L: Ins 1992 No 50, Sch 3 (2). Rep 2001 No 107, Sch 6 [3].
pt 7: Rep 1995 No 19, Sch 1 (3).
s 36: Am 1951 No 47, sec 4 (b); 1979 No 156, Schs 1 (1), 3 (1); 1992 No 50, Sch 5 (2). Rep 1995 No 19, Sch 1 (3).
s 37: Am 1979 No 156, Schs 1 (2), 3 (2). Rep 1995 No 19, Sch 1 (3).
s 37A: Ins 1979 No 156, Sch 1 (3). Rep 1995 No 19, Sch 1 (3).
s 38: Rep 1995 No 19, Sch 1 (3).
s 38A: Ins 1951 No 47, sec 4 (c). Rep 1995 No 19, Sch 1 (3).
s 39: Subst 1951 No 47, sec 4 (d). Am 1979 No 156, Sch 3 (3); 1992 No 50, Sch 4 (3). Rep 1995 No 19, Sch 1 (3).
s 40: Am 1951 No 47, sec 4 (e); 1979 No 156, Sch 3 (4); 1992 No 50, Sch 4 (4), Sch 5 (3). Rep 1995 No 19, Sch 1 (3).
s 41: Am 1951 No 47, sec 4 (f); 1979 No 156, Sch 3 (5). Rep 1995 No 19, Sch 1 (3).
s 42: Am 1992 No 50, Sch 5 (4). Rep 1995 No 19, Sch 1 (3).
s 43: Am 1979 No 156, Sch 3 (6); 1992 No 50, Sch 4 (5); 1992 No 111, Sch 1. Rep 1995 No 19, Sch 1 (3).
s 43A: Ins 1951 No 47, sec 4 (g). Am 1979 No 156, Sch 3 (7); 1992 No 50, Sch 4 (6). Rep 1995 No 19, Sch 1 (3).
s 44: Am 1951 No 47, sec 4 (h); 1979 No 156, Sch 3 (8); 1992 No 50, Sch 4 (7). Rep 1995 No 19, Sch 1 (3).
s 45: Am 1951 No 47, sec 4 (i); 1979 No 156, Sch 3 (9). Rep 1995 No 19, Sch 1 (3).
s 46: Subst 1992 No 111, Sch 1. Rep 1995 No 19, Sch 1 (3).
s 46A: Ins 1992 No 111, Sch 1. Rep 1995 No 19, Sch 1 (3).
s 46B: Ins 1992 No 111, Sch 1. Rep 1995 No 19, Sch 1 (3).
s 47: Subst 1951 No 47, sec 4 (j). Am 1979 No 156, Sch 3 (10). Rep 1995 No 19, Sch 1 (3).
s 48: Am 1951 No 47, sec 4 (k). Rep 1992 No 50, Sch 4 (8).
s 49: Am 1951 No 47, sec 4 (l). Rep 1992 No 50, Sch 4 (9).
s 50: Rep 1995 No 19, Sch 1 (3).
s 51: Am 1979 No 156, Sch 3 (11). Rep 1995 No 19, Sch 1 (3).
s 52: Am 1979 No 156, Sch 3 (12). Rep 1995 No 19, Sch 1 (3).
s 53: Rep 1995 No 19, Sch 1 (3).
s 54: Am 1951 No 47, sec 4 (m). Rep 1992 No 50, Sch 4 (10).
s 54A: Ins 1951 No 47, sec 4 (n). Am 1971 No 33, sec 2 (a); 1979 No 156, Sch 3 (13); 1993 No 47, Sch 1. Rep 1995 No 19, Sch 1 (3).
Part 7A Industrial matters
pt 7A (ss 54B–54D): Ins 1995 No 19, Sch 1 (4).
54B Application of Commonwealth Industrial Relations Act to coal mining industry in the State
(1) Application of Commonwealth Industrial Relations Act The provisions of the Commonwealth Industrial Relations Act, as in force for the time being, and as modified by or under this Act, apply as a law of the State for the purpose of enabling the Australian Commission to perform functions or exercise powers with respect to matters pertaining to the relationship between employers in the coal mining industry in the State and their employees. Those provisions so apply as if the Commonwealth Industrial Relations Act extends to disputes in the State that do not extend beyond the limits of the State.(2) Functions and powers The Australian Commission may accordingly perform functions and exercise powers under those provisions with respect to those matters, whether or not there is a dispute extending beyond the limits of the State.(3) Interpretation of Commonwealth Act The Acts Interpretation Act 1901 of the Commonwealth, as in force for the time being, applies as a law of the State in relation to provisions applied by subsection (1), and so applies as if those provisions were respectively an Act of the Commonwealth or rules of court or regulations under such an Act, as the case requires.(4) Non-application of State Interpretation Act The Interpretation Act 1987 does not apply in relation to the provisions applied by subsection (1).(5) Modification of Commonwealth Act The regulations may modify the provisions of the Commonwealth Industrial Relations Act for the purposes of this section.pt 7A (ss 54B–54D): Ins 1995 No 19, Sch 1 (4).
54C State awards and orders
(1) Functions and powers of State tribunals Nothing in this Act affects the functions or powers of any State tribunal in relation to the coal mining industry, except as provided by subsection (2).(2) Federal awards prevail No award or order of a State tribunal that has application in the coal mining industry (whether it was made before or after the commencement of this section) has effect to the extent that it is inconsistent with a federal award that has application in the coal mining industry.(3) Definitions In this section:federal award means:(a) an award of the Australian Commission to the extent that it is made under the provisions of the Commonwealth Industrial Relations Act (as applying under section 54B), or(b) an award referred to in clause 11 of Schedule 1 that is taken to have been made by the Australian Commission under those provisions.State tribunal includes a State court.pt 7A (ss 54B–54D): Ins 1995 No 19, Sch 1 (4).
54D Industrial Relations Court of Australia
The provisions of the Commonwealth Industrial Relations Act that apply under section 54B also apply for the purpose of enabling the Industrial Relations Court of Australia to perform functions or exercise powers with respect to matters pertaining to the relationship between employers in the coal mining industry in the State and their employees, in connection with federal awards as defined in section 54C. Jurisdiction to perform those functions and exercise those powers is conferred on that court accordingly.pt 7A (ss 54B–54D): Ins 1995 No 19, Sch 1 (4).
Part 8 Miscellaneous
pt 8: Rep 1992 No 50, Sch 4 (11). Ins 1992 No 50, Sch 4 (11).
pt 8, div 1, hdg: Ins 1992 No 50, Sch 4 (11). Rep 2001 No 107, Sch 6 [4].
55–58 (Repealed)
s 55: Am 1979 No 156, Sch 3 (14). Rep 1992 No 50, Sch 4 (11). Ins 1992 No 50, Sch 4 (11). Rep 2001 No 107, Sch 6 [4].
ss 56–58: Rep 1992 No 50, Sch 4 (11). Ins 1992 No 50, Sch 4 (11). Rep 2001 No 107, Sch 6 [4].
pt 8, div 2, hdg: Ins 1992 No 50, Sch 4 (11). Rep 2001 No 107, Sch 6 [4].
59–62 (Repealed)
s 59: Rep 1992 No 50, Sch 4 (11). Ins 1992 No 50, Sch 4 (11). Am 1993 No 47, Sch 1. Rep 2001 No 107, Sch 6 [4].
s 60: Am 1971 No 33, sec 2 (b); 1979 No 156, Sch 3 (15). Rep 1992 No 50, Sch 4 (11). Ins 1992 No 50, Sch 4 (11). Rep 2001 No 107, Sch 6 [4].
s 61: Am 1979 No 156, Sch 3 (16); 1987 No 48, Sch 32. Rep 1992 No 50, Sch 4 (11). Ins 1992 No 50, Sch 4 (11). Rep 2001 No 107, Sch 6 [4].
s 62: Ins 1992 No 50, Sch 4 (11). Rep 2001 No 107, Sch 6 [4].
63 Regulations
(1) The Governor may, on the recommendation of the State Minister with the agreement of the Commonwealth Minister, make regulations prescribing all matters:(a) required or permitted by this Act to be prescribed, or(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.s 63: Ins 1992 No 50, Sch 4 (11). Am 1993 No 47, Sch 1.
64 Savings and transitional provisions
Schedule 1 has effect.s 64: Ins 1992 No 50, Sch 4 (11).
Schedule 1 Savings and transitional provisions
(Section 64)
Part 1 General
1 Regulations
(1) The regulations may make provisions of a savings or transitional nature consequent on the enactment of the following Acts:(2) Any such savings or transitional provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such savings or transitional provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2
1A–10 (Repealed)
Part 3 Provisions consequent on enactment of Coal Industry Amendment Act 1995
11 Existing awards, orders, decisions and agreements made under this Act
(1) Definition of instrument A reference in this clause to an instrument is a reference to:(a) an award or order made by the Coal Industry Tribunal, or(b) a decision given by a Local Coal Authority, or(c) an agreement made at a hearing before the Coal Industry Tribunal or a Local Coal Authority, orthat had effect immediately before the commencement of this clause.(d) an agreement made under a provision of an award made by the Coal Industry Tribunal,(2) Existing instruments to become awards of Commission An instrument, to the extent to which it relates to matters pertaining to the relationship between employers in the coal mining industry in the State and their employees, has effect as, and is taken to be, an award made by the Australian Commission under the provisions of the Commonwealth Industrial Relations Act (as applying under section 54B).(3) References to Tribunal or Authority in existing instruments A reference in an instrument referred to in subclause (2) to the Coal Industry Tribunal or to a Local Coal Authority is taken (except in relation to matters that occurred before the commencement of this clause) to be a reference to the Australian Commission.(4) Determinations and other things under existing instruments A determination made or any other thing done before the commencement of this clause by the Coal Industry Tribunal or a Local Coal Authority under an instrument referred to in subclause (2) has effect on and after that commencement as if it had been made or done by the Australian Commission.(5) Coverage of awards Without limiting the operation of the other provisions of this clause, an instrument that is taken to be an award made by the Australian Commission under this clause is varied, with effect from the end of the day immediately preceding the commencement of this clause, so that the instrument is to be read as naming as parties or respondents to the instrument all persons or organisations that were within its coverage immediately before that commencement. The award is taken to be binding on those persons or organisations, as if they were parties referred to in section 149 (1) of the Commonwealth Industrial Relations Act (as applied by section 54B), regardless of whether or not they or any of them were or were required to be registered under that Act.(6) Application of clause This clause applies to an instrument only to the extent to which it was made under powers conferred by State legislation.
12 Matters pending before Coal Industry Tribunal or Local Coal Authority
(1) Pending matters before Tribunal or Authority become matters before Australian Commission A matter pending before the Coal Industry Tribunal or a Local Coal Authority immediately before the commencement of this clause, to the extent to which it relates to matters pertaining to the relationship between employers in the coal mining industry in the State and their employees, is taken to be a matter before the Australian Commission under the provisions of the Commonwealth Industrial Relations Act (as applying under section 54B). The Australian Commission may deal with the matter as if it had been before the Australian Commission since it arose.(2) Extent of operation of subclause (1) Subclause (1) applies only to the extent to which:(a) the matter was notified to the Coal Industry Tribunal or the Local Coal Authority for the purpose of the performance or exercise by the Tribunal or Authority of, orfunctions or powers in relation to the matter conferred by State legislation.(b) the Tribunal or Authority was performing or exercising,(3) Previous evidence, arguments, decisions and other matters For the purpose of dealing with a matter under subclause (1), the Australian Commission may have regard to:(a) any evidence given, or arguments put, in proceedings relating to the matter before the Coal Industry Tribunal or the Local Coal Authority, and(b) any decision, recommendation, determination or report made by the Tribunal or Authority in relation to the matter.
sch 1: Ins 1992 No 50, Sch 4 (11). Am 1995 No 19, Sch 1 (5)–(9); 2001 No 107, Sch 6 [5] [6].