Industrial Court of New South Wales

Industrial Court of New South Wales
Established 2 September 1996 (1996-09-02)
Jurisdiction New South Wales, Australia
Location Chief Secretary’s Building, Macquarie Street, Sydney CBD
Authorized by Parliament of New South Wales via the Industrial Relations Act 1996 (NSW) and the Industrial Relations Further Amendment (Jurisdiction of Industrial Relations Commission) Act 2009 (NSW)
Decisions are appealed to
Decisions are heard for appeals from Chief Industrial Magistrate's Court
President
Currently Justice Michael Walton

The Industrial Court of New South Wales is a court within the Australian court hierarchy that exercises the judicial functions of the Industrial Relations Commission of New South Wales within the Australian state of New South Wales. The Commission has exclusive jurisdiction in respect of industrial disputes in that state.

Several courtrooms are located in the Chief Secretary’s Building in Macquarie Street, Sydney central business district.

The Industrial Relations Commission of New South Wales consists of both judicial and non-judicial members, and its members can exercise the arbitration powers of the commission. However, only the Commission sitting "in Court Session" can exercise the judicial functions of the commission.[1] When the commission sits as the "Commission in Court Session", it is referred to and is known as the "Industrial Court of New South Wales". Only a judicial member can hear matters where such relief is sought from the Court.[2]

Jurisdiction of the Court

The Court has jurisdiction over matters about unfair contracts, prosecutions of offences under the Industrial Relations Act, proceedings for breaches of industrial instruments, appeals against decisions of inferior courts in industrial matters (such as from the Chief Industrial Magistrates Court of New South Wales), and prosecution of occupational health and safety offences under the Occupational Health and Safety Act 2000 (NSW). The Court also has jurisdiction over prosecutions for safety related dismissals (see section 23 of the Occupational Health and Safety Act 2000 (NSW) and may grant remedies for safety related dismissals, such as reinstatement and continuity of employment.[2]

The Commission when sitting as the Court is and sits as a superior court of record and is of equivalent status to the Supreme Court of New South Wales and the Land and Environment Court of New South Wales although it does not hold the supervisory jurisdiction held by the Supreme Court of New South Wales.[3] The Court was formerly called the "Industrial Commission of New South Wales in Court Session". The name of the court was changed by the Industrial Relations Amendment Act 2005 (NSW) to the "Industrial Court of New South Wales".[3]

Jurisdictional limits of the Court and the Commission

Persons seeking relief in the Commission for unfair dismissal must bring the claim within 21 days and earn under $98,200, effective from 1 July 2006, or under $101,300 from 1 July 2007, or must be covered by a NSW Award in order to be entitled to bring a claim (an extension to the time limit is available in certain circumstances). Persons seeking relief in the Court for unfair contract must bring the claim within 2 years and earn under $200,000 per annum (an extension to the time limit of 3 months is available in certain circumstances).[2]

A prosecution for a breach of the Occupational Health and Safety Act 2000 (NSW) or other occupational health and safety legislation must be brought within two years of the breach or two years after the conclusion of a Coronial Inquest by the NSW Coroner.

The Howard Government's WorkChoices reforms to the Workplace Relations Act 1996 (Cth), which took effect on 27 March 2007, excluded the operation of the Commission and Court's jurisdictions over matters involving Constitutional Corporations and persons employed by such corporations. The Court's jurisdiction over occupational health and safety matters was preserved and remained valid.[4][5] The WorkChoices legislation was repealed by the Gillard Government following the enactment of the Fair Work Act 2009.[6]

See also

References

  1. ↑ Industrial Relations Act 1996 (NSW) s 3
  2. 1 2 3 "Purpose and Functions". Industrial Relations Commission. Government of New South Wales. 1 December 2014. Retrieved 11 August 2016.
  3. 1 2 "Our History". Industrial Relations Commission. Government of New South Wales. 1 December 2014. Retrieved 11 August 2016.
  4. ↑ "PM 'knew Work Choices would hurt workers' – ABC News (Australian Broadcasting Corporation)". Australian Broadcasting Corporation. 21 July 2007. Retrieved 20 July 2010.
  5. ↑ "Govt downplays Work Choices revelations – ABC News (Australian Broadcasting Corporation)". Australian Broadcasting Corporation. 21 July 2007. Retrieved 20 July 2010.
  6. ↑ Hannon, Kate. 2008. "Bell tolls for Howard's Work Choices " In The Canberra Times. Canberra.

Sources

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