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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Industrial Relations Amendment
Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Industrial Relations Act 1996 No 17 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Industrial Relations Amendment
Bill 2005
Act No , 2005
An Act to amend the Industrial Relations Act 1996 to clarify the unfair contracts
jurisdiction of the Industrial Relations Commission, to limit the exclusion of the
Commission in Court Session from the supervisory jurisdiction of the Supreme
Court, to authorise the Commission in Court Session to be called the Industrial Court
of New South Wales and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Industrial Relations Amendment Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Industrial Relations Amendment Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Industrial Relations Act 1996 No 17
The Industrial Relations Act 1996 is amended as set out in Schedule 1.
Page 2
Industrial Relations Amendment Bill 2005
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 106 Power of Commission to declare contracts void or varied
Insert after section 106 (2):
(2A) A contract that is a related condition or collateral arrangement
may be declared void or varied even though it does not relate to
the performance by a person of work in an industry, so long as:
(a) the contract to which it is related or collateral is a contract
whereby the person performs work in an industry, and
(b) the performance of work is a significant purpose of the
contractual arrangements made by the person.
[2] Section 108B Time for making application
Insert ", subject to subsection (3)," after "such application or" in section
108B (2).
[3] Section 108B (3)
Insert after section 108B (2):
(3) The Commission may accept an application made within
3 months after the time prescribed by subsection (1) if the
applicant satisfies the Commission that there are exceptional
circumstances justifying the making of the late application.
[4] Section 151A
Insert after section 151:
151A Name of Commission in Court Session to be the Industrial Court
of New South Wales
The name of the Commission in Court Session is to be the
Industrial Court of New South Wales, and a reference in this Act
(or any other Act, statutory instrument or document) to the
Commission in Court Session (whether enacted or made before
or after the commencement of this section) is taken to include a
reference to the Industrial Court of New South Wales.
Page 3
Industrial Relations Amendment Bill 2005
Schedule 1 Amendments
[5] Section 179
Omit section 179. Insert instead:
179 Finality of decisions
(1) A decision of the Commission (however constituted) is final and
may not be appealed against, reviewed, quashed or called into
question by any court or tribunal.
(2) Proceedings of the Commission (however constituted) may not
be prevented from being brought, prevented from being
continued, terminated or called into question by any court or
tribunal.
(3) This section extends to proceedings brought in a court or tribunal
in respect of a decision or proceedings of the Commission on an
issue of fact or law.
(4) This section extends to proceedings brought in a court or tribunal
in respect of a purported decision of the Commission on an issue
of the jurisdiction of the Commission, but does not extend to any
such purported decision of:
(a) the Full Bench of the Commission in Court Session, or
(b) the Commission in Court Session if the Full Bench refuses
to give leave to appeal the decision.
(5) This section extends to proceedings brought in a court or tribunal
for any relief or remedy, whether by order in the nature of
prohibition, certiorari or mandamus, by injunction or declaration
or otherwise.
(6) This section is subject to the exercise of a right of appeal to a Full
Bench of the Commission conferred by this or any other Act or
law.
(7) In this section:
decision includes any award or order.
[6] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Industrial Relations Amendment Act 2005
Page 4
Industrial Relations Amendment Bill 2005
Amendments Schedule 1
[7] Schedule 4
Insert after clause 19A:
19B Transitional provision relating to unfair contracts arising from
2005 amending Act
Section 106 (2A), as inserted by the Industrial Relations
Amendment Act 2005 applies to a contract made before the
commencement of that provision and to proceedings pending in
the Commission at that commencement that have not been finally
determined by the Commission. However, section 106 (2A) does
not apply to any proceedings pending in any other court or
tribunal on that commencement.
[8] Schedule 4
Insert after clause 31A:
31B Finality of decisions
The amendments made to section 179 by the Industrial Relations
Amendment Act 2005 apply to decisions and proceedings of the
Commission made or instituted before the commencement of the
amendments, and to proceedings pending in any State court or
tribunal (other than the Commission) on that commencement.
However, those amendments do not affect any order or decision
made by any such court or tribunal before that commencement.
Page 5
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