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This is a Bill, not an Act. For current law, see the Acts databases.
Industrial Relations Amendment
(Public Sector Conditions of
Employment) Bill 2011
No , 2011
A Bill for
An Act to amend the Industrial Relations Act 1996 to require the Industrial Relations
Commission to give effect to certain government policies on public sector conditions
of employment; and for related purposes.
Industrial Relations Amendment (Public Sector Conditions of Employment)
Clause 1 Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Industrial Relations Amendment (Public Sector 3
Conditions of Employment) Act 2011. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Industrial Relations Amendment (Public Sector Conditions of Employment)
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 105 Definitions 3
Insert at the end of the section: 4
(2) A contract is not an unfair contract for the purposes of this Part 5
merely because of any provision in the contract that gives effect 6
to a policy that is declared under section 146C. 7
[2] Section 146C 8
Insert after section 146B: 9
146C Commission to give effect to certain aspects of government policy 10
on public sector employment 11
(1) The Commission must, when making or varying any award or 12
order, give effect to any policy on conditions of employment of 13
public sector employees: 14
(a) that is declared by the regulations to be an aspect of 15
government policy that is required to be given effect to by 16
the Commission, and 17
(b) that applies to the matter to which the award or order 18
relates. 19
(2) Any such regulation may declare a policy by setting out the 20
policy in the regulation or by adopting a policy set out in a 21
relevant document referred to in the regulation. 22
(3) An award or order of the Commission does not have effect to the 23
extent that it is inconsistent with the obligation of the 24
Commission under this section. 25
(4) This section extends to appeals or references to the Full Bench of 26
the Commission. 27
(5) This section does not apply to the Commission in Court Session. 28
(6) This section extends to proceedings that are pending in the 29
Commission on the commencement of this section. A regulation 30
made under this section extends to proceedings that are pending 31
in the Commission on the commencement of the regulation, 32
unless the regulation otherwise provides. 33
(7) This section has effect despite section 10 or 146 or any other 34
provision of this or any other Act. 35
Page 3
Industrial Relations Amendment (Public Sector Conditions of Employment)
Bill 2011
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
(8) In this section: 1
award or order includes: 2
(a) an award (as defined in the Dictionary) or an exemption 3
from an award, and 4
(b) a decision to approve an enterprise agreement under Part 2 5
of Chapter 2, and 6
(c) the adoption under section 50 of the principles or 7
provisions of a National decision or the making of a State 8
decision under section 51, and 9
(d) anything done in arbitration proceedings or proceedings 10
for a dispute order under Chapter 3. 11
conditions of employment--see Dictionary. 12
public sector employee means a person who is employed in any 13
capacity in: 14
(a) the Government Service, the Teaching Service, the NSW 15
Police Force, the NSW Health Service, the service of 16
Parliament or any other service of the Crown, or 17
(b) the service of any body that is constituted by an Act and 18
that is prescribed by the regulations for the purposes of this 19
section. 20
[3] Schedule 4 Savings, transitional and other provisions 21
Insert at the end of clause 2 (1) of Part 1: 22
Industrial Relations Amendment (Public Sector Conditions of 23
Employment) Act 2011 24
Page 4
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