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This is a Bill, not an Act. For current law, see the Acts databases.
Industrial Relations Amendment
(Non-operative Awards) Bill 2011
No , 2011
A Bill for
An Act to amend the Industrial Relations Act 1996 to enable the rescission of awards
that have no current application to any employer or employee; and for other
purposes.
Clause 1 Industrial Relations Amendment (Non-operative Awards) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Industrial Relations Amendment (Non-operative 3
Awards) Act 2011. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Industrial Relations Amendment (Non-operative Awards) Bill 2011
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
Schedule 1 Amendment of Industrial Relations Act 1
1996 No 17 2
[1] Section 17 Variation or rescission of award 3
Omit "(other than a non-operative award) under this section" from 4
section 17 (1). 5
[2] Section 17 (1), note 6
Omit the note. 7
[3] Section 17 (3) and (4) 8
Omit "(other than a non-operative award)" wherever occurring. 9
[4] Section 19 Review of awards 10
Omit "determine whether or not an award has any current application to any 11
employer or employee" from section 19 (2). 12
Insert instead "rescind obsolete awards". 13
[5] Section 19 (6) 14
Omit the subsection. Insert instead: 15
(6) The Commission is to make such changes to awards as it 16
considers necessary as a result of a review. 17
[6] Section 20 Consolidation of awards and rescission of obsolete awards 18
Omit section 20 (2). Insert instead: 19
(2) The Commission may rescind an obsolete award or an obsolete 20
part of an award, whether or not in connection with the 21
consolidation of awards. 22
[7] Section 20A Non-operative awards 23
Omit the section. 24
[8] Section 52 Variation of awards and other orders on adoption of National 25
decisions or making of State decisions 26
Omit "(other than non-operative awards)" from section 52 (1). 27
[9] Section 52 (2) 28
Omit the subsection. Insert instead: 29
Note. The adoption of a National decision or the making of a State 30
decision enables the variation of an award to give effect to the decision 31
without the concurrence of the parties to the award (see section 17). 32
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Industrial Relations Amendment (Non-operative Awards) Bill 2011
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
[10] Schedule 4 Savings, transitional and other provisions 1
Insert at the end of clause 2 (1): 2
Industrial Relations Amendment (Non-operative Awards) 3
Act 2011 4
[11] Schedule 4, clause 54 (2) 5
Insert "but before the commencement of the Industrial Relations Amendment 6
(Non-operative Awards) Act 2011" after "amending Act". 7
[12] Schedule 4 8
Insert at the end of the Schedule with appropriate Part and clause numbers: 9
Part Provisions consequent on enactment of 10
Industrial Relations Amendment 11
(Non-operative Awards) Act 2011 12
Certain awards taken to have been rescinded 13
(1) All awards that were declared to be non-operative awards under 14
this Act before the commencement of the Industrial Relations 15
Amendment (Non-operative Awards) Act 2011 are taken to have 16
been rescinded on the commencement of this clause by the 17
Commission in accordance with section 20 (2). 18
(2) Subclause (1) extends to awards referred to in clause 54 (3). 19
[13] Dictionary 20
Omit the definition of non-operative award. 21
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