Industrial Court of New South Wales

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 [Part 3, Industrial Relations Act 1996] . When the 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 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.

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 jursidictions 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.

tatus of the Court

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.

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".

References

ources

*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 Assemby of the New South Wales Government on 17 November 2005.