INDUSTRIAL RELATIONS ACT 1996 - As at 15 December 2023 - Act 17 of 1996
- As at 15 December 2023
- Act 17 of 1996
Table of Provisions
CHAPTER 1 - PRELIMINARY
CHAPTER 2 - EMPLOYMENT
PART 1 - AWARDS
Division 1 - Awards generally
- 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
- 18 Exemptions from awards
- 19 Review of awards
- 20 Consolidation of awards and rescission of obsolete awards
20A. (Repealed)
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
PART 2 - ENTERPRISE AGREEMENTS
Division 1 - Preliminary
- 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
Division 3 - General
- 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
PART 4 - PARENTAL LEAVE
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
PART 5 - PART-TIME WORK
- 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
PART 6 - UNFAIR DISMISSALS
- 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 DISCIPLINARY APPEALS
Division 1 - Preliminary
- 91 Interpretation
- 92 Application of Part
Division 2 - (Repealed)
None
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
Division 5 - Hearing of appeals
- 100E Conciliation of disciplinary appeals
- 100F Powers when appeal settled by conciliation
- 100G Presentation of cases
100H. (Repealed)
PART 8 - PROTECTION OF ENTITLEMENTS ON TRANSFER OF BUSINESS
PART 9 - UNFAIR CONTRACTS
Division 2 - Unfair contracts may be declared void or varied
- 106 Power of Supreme Court 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 Supreme Court may refer applications to Commission for conciliation
- 109A Exclusion of certain contracts in connection with unfair dismissals
Division 3 - Determination of remuneration of contractors under unfair building and certain other contracts
- 110 Application of Division
- 111 Division applies only if Supreme Court declares contract unfair
- 112 Supreme Court 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
Division 1 - Preliminary
Division 2 - Conditions of employment
- 129B Outworkers in clothing trades employed by constitutional corporations
- 129C Application of certain enforcement provisions
Division 3 - Remuneration
- 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
Division 4 - Miscellaneous
CHAPTER 2A - MUTUAL GAINS BARGAINING
- 129K Application of chapter
- 129L Principles of mutual gains bargaining
- 129M Meaning of "good faith" in mutual gains bargaining
- 129N Notification of intention to commence mutual gains bargaining
- 129O Facilitator for mutual gains bargaining
- 129P Provisions applying if mutual gains bargaining unresolved
- 129Q Application of Chapter 3 after mutual gains bargaining
CHAPTER 3 - INDUSTRIAL DISPUTES
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
PART 2 - DISPUTE ORDERS
- 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
146C. (Repealed)
- 146D Commission has no jurisdiction in respect of death and disability payments for police officers
PART 2 - MEMBERSHIP OF COMMISSION
- 147 Constitution of Commission
- 148 Appointment of members of the Commission
149. (Repealed)
- 150 Provisions relating to members of Commission
PART 3 - (Repealed)
None
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 Chief Commissioner
- 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 and perjury
- 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. (Repealed)
- 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
- 178A Reference of questions of law to Supreme Court
- 178B Transfer of proceedings from Commission to Supreme Court
- 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
- 183 Regulations relating to fees
- 184 Power of entry of members of Commission and other authorised officers
PART 6 - RULES OF COMMISSION
- 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. (Repealed)
- 197 Appeals from Local Court
197A. (Repealed)
- 197B Appeals on questions of law in relation to public sector promotional and disciplinary matters
PART 8 - INDUSTRIAL COMMITTEES
- 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
PART 10 - INDUSTRIAL REGISTRAR
- 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
PART 2 - STATE PEAK COUNCILS
- 215 State peak council--employees
- 216 State peak councils--employers
PART 3 - REGISTRATION OF ORGANISATIONS
Note
Division 1 - Registration
- 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 Supreme Court may make necessary ancillary or consequential orders
- 231A Notification of cancellation proceedings and decisions
- 232 Cancellation or other order to be recorded
PART 4 - REGULATION OF STATE INDUSTRIAL ORGANISATIONS
Division 1 - Application
- 233 Application of Part to State organisations
Division 2 - Rules
- 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
- 244A Industrial Registrar may determine alterations of rules where breach of demarcation undertaking
- 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
Division 4 - Membership
- 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
- 270A Notification of allegations of misconduct
- 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 Supreme Court to have regard to certain matters
- 277 Action by Supreme Court
Division 7 - Records
- 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
Division 8 - Accounts and audit
Division 9 - Amalgamation
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 Supreme Court 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
Division 11 - Powers relating to cases of dysfunction, misconduct or vacancy in offices in State organisations
- 290B Supreme Court may order reconstitution of organisation or branch etc
- 290C Provision of assistance to administrator
- 290D Liability relating to administration
- 290E Power of Industrial Registrar to initiate elections
- 290F Application to organisations with federal links
- 290G Validation of elections
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
PART 6 - DEMARCATION ORDERS
- 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
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
PART 3 - CONTRACT AGREEMENTS
- 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
PART 4 - DISPUTE RESOLUTION
- 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
PART 6 - APPLIED PROVISIONS
- 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
CHAPTER 6A - INDUSTRIAL PROCEEDINGS BEFORE SUPREME COURT
- 355A Definitions
- 355B Jurisdiction of Supreme Court
- 355C Declaratory jurisdiction
- 355D Proceedings for contempt of Commission
- 355E Special provisions applicable to industrial proceedings
CHAPTER 7 - ENFORCEMENT
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 procedures
- 380 Small claims during other Commission hearings
PART 3 - INDUSTRIAL MAGISTRATES
- 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--employer breaches
- 385A Inspectors' powers--misconduct offences
- 385B Receipts for seized things
- 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
PART 5 - EVIDENTIARY PROVISIONS
- 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 Nature of proceedings for offences
- 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
CHAPTER 7A - (Repealed)
None
CHAPTER 8 - MISCELLANEOUS
- 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
412, 413. (Repealed)