New South Wales Consolidated Acts

INDUSTRIAL RELATIONS (CHILD EMPLOYMENT) ACT 2006 - SECT 5

5 Full Bench of Commission to set no net detriment principles

(1) A Full Bench of the Commission is required to set principles (the "no net detriment principles") to be followed by an industrial court in determining whether or not an affected employer of a child has provided the child with conditions of employment that, on balance, result in a net detriment to the child when compared to the minimum conditions of employment for the child.

(2) In determining those principles, the Full Bench of the Commission is to have regard, in particular, to the following:

(a) evidence about the kinds of occupations and industries in which children are employed,

(b) the State awards that apply to those occupations and industries,

(c) any industrial relations legislation that may apply generally to the employment of children,

(d) any provisions of any such State awards or industrial relations legislation that operate to provide conditions of employment that are particularly important for ensuring the well-being of children who are employed,

(e) the provision of any other laws of the State that may be relevant to the employment of children or to their well-being while employed (for example, laws dealing with occupational safety, education or child protection).

(3) Without limiting subsection (1) or (2), the Full Bench of the Commission may determine that a particular condition or conditions of employment of the kind referred to in subsection (2) (d) is or are of such importance for ensuring the well-being of children who are employed that a failure to provide that condition or those conditions will of itself result in a net detriment to the child when compared to the minimum conditions of employment for the child.

(4) A Full Bench of the Commission is to review the no net detriment principles at least once every 3 years.

(5) The no net detriment principles may be set or reviewed on the application of the Minister or on the Commission’s own initiative.

(6) Industrial organisations are entitled to be notified of any proceedings of a Full Bench under this section and to make submissions on the setting or review of the no net detriment principles.

(7) The Industrial Registrar is to publish the no net detriment principles:

(a) if Part 11 (NSW industrial relations website) of Chapter 4 (as inserted by the Industrial Relations Further Amendment Act 2006 ) has not commenced-in the Industrial Gazette, or

(b) if that Part has commenced-on the NSW industrial relations website.

(8) The initial no net detriment principles are to be set and published under this section within 6 months after the commencement of this section.