Industrial Court of New South Wales
Encyclopedia
The Industrial Court of New South Wales exercises the judicial functions of the Industrial Relations Commission of New South Wales
. The Commission has exclusive jurisdiction
in respect of industrial disputes in New South Wales
, a state of Australia
. Several courtooms are located in the Chief Secretary’s Building
in Sydney
.
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. 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.
), 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.
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).
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 2 years of the breach or 2 years after the conclusion of a Coronial Inquest by the NSW Coroner.
The Australian Government's 'Work Choices' reforms to the Workplace Relations Act 1996 (Cth), which took effect on 27 March 2007 now exclude 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 remains valid.
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.
Industrial Relations Commission of New South Wales
The Industrial Relations Commission of New South Wales conciliates and arbitrates industrial disputes, sets conditions of employment and fixes wages and salaries by making industrial awards, approves enterprise agreements and decides claims of unfair dismissal in New South Wales, a state of Australia...
. The Commission has exclusive jurisdiction
Exclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
in respect of industrial disputes in New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, a state of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. Several courtooms are located in the Chief Secretary’s Building
Chief Secretary’s Building
The Chief Secretary’s Building is an historic Sydney landmark located at 121 Macquarie Street, 65 Bridge Street and 44-50 Phillip Street....
in Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
.
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. 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.
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 WalesChief Industrial Magistrate's Court
The Chief Industrial Magistrate's Court is the general name given to the Local Court of New South Wales when hearing industrial cases. Local Courts are the lowest courts in the court hierarchy in New South Wales, a State of Australia, and deal with the majority of civil and criminal disputes in the...
), 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.
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).
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 2 years of the breach or 2 years after the conclusion of a Coronial Inquest by the NSW Coroner.
The Australian Government's 'Work Choices' reforms to the Workplace Relations Act 1996 (Cth), which took effect on 27 March 2007 now exclude 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 remains valid.
Status of the Court
The Commission when sitting as the Court is and sits as a superior courtSuperior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
of record and is of equivalent status to the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
and the Land and Environment Court of New South Wales
Land and Environment Court of New South Wales
The Land and Environment Court of New South Wales is a Court established by legislation giving it exclusive jurisdiction to determine environmental, development, building and planning disputes...
although it does not hold the supervisory jurisdiction held by the Supreme Court of New South Wales.
Name change
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 Act 2005 (NSW) to the "Industrial Court of New South Wales".Sources
- Halsbury’s Laws of Australia
- Industrial Relations Act 1991 (NSW)
- Second Reading speech by the Milton Orkopoulos, Minister for Aboriginal Affairs, and Minister Assisting the Premier on Citizenship, in the Legislative Assembly of the New South Wales Government on 17 November 2005.