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1. Industrial Relations Act 1996 (NSW)
2. Industrial Relations (Child Employment) Act 2006 (NSW)
3. Consultancy agreement
4. Retrenchment and redundancy
5. Pregnancy at work
6. Discrimination: sex, race, age, disability and equal opportunities
7. WorkChoices: Right to stand-down employees
8. Annual leave entitlements
9. Contract services
10. Independent contractor or employee?
11. Employment Contract
12. Senior Employment Contract
13. Bar Staff Contract
14. Employment Contract Construction

CHAPTER 1—PRELIMINARY

Part: 1

1.   Short title

This Act may be citedas the Industrial Relations Act 1999.

2.   Commencement

(1)    Section 744 commences, or is taken to have commenced, on 1 July 1999.

(2)    The remaining provisions of this Act commence on a day to be fixed by proclamation.

3.   Principal object of this Act

The principal object of this Act is to provide a framework for industrial relations that supports economic prosperity and social justice by—

(a)    providing for rights and responsibilities that ensure economic advancement and social justice for all employees and employers; and

(b)    providing for an effective and efficient economy, with strong economic growth, high employment, employment security, improved living standards, low inflation and national and international competitiveness; and

(c)     preventing and eliminating discrimination in employment, and ensuring equal remuneration for men and women; and

(d)    helping balance work and family life; and

(e)    promoting the effective and efficient operation of enterprises and industries; and

(f)      ensuring wages and employment conditions provide fair standards in relation to living standards prevailing in the community; and

(g)    promoting participation in industrial relations by employees and employers; and

(h)     encouraging responsible representation of employees and employers by democratically run organisations and associations; and

(i)      promoting and facilitating the regulation of employment by awards and agreements; and

(j)      meeting the needs of emerging labour markets and work patterns; and

(k)     promoting and facilitating jobs growth, skills acquisition and vocational training through apprenticeships, traineeships and labour market programs; and

(l)      providing for effective, responsive and accessible support for negotiations and resolution of industrial disputes; and

(m)   assisting in giving effect to Australia’s international obligations in relation to labour standards.

4.   Definitions

The dictionary in schedule 5 defines particular words used in this Act.

5.   Who is an employee

(1)    An “employee” is—

(a)    a person employed in a calling on wages or piecework rates; or

(b)    a person whose usual occupation is that of an employee in a calling; or

(c)     a person employed in a calling, even though—

(i)      the person is working under a contract for labour only, or substantially for labour only; or

 (ii)    the person is a lessee of tools or other implements of production, or of a vehicle used to deliver goods; or

(iii)    the person owns, wholly or partly, a vehicle used to transport goods or passengers; or

(d)    a person who is a member of a class of persons declared to be employees under section 275;1 or

(e)    each person, being 1 of 4 or more persons who are, or claim to be, partners working in association in a calling or business; or

(f)      for proceedings for payment or recovery of amounts—a former employee; or

(g)    an outworker; or

(h)     an apprentice or trainee.

(2)    A person who is undertaking an industry placement within the meaning of the Vocational Education and Training (Industry Placement)

Act 1992 is not an employee.

6.   Who is an employer

(1)    An “employer” is—

(a)    a person employing, or who usually employs, 1 or more employees, for the person or someone else; or

(b)    for employees employed in a department of government—the chief executive of that department.

(2)    The following persons are also employers—

(a)    a person carrying on a calling in which employees are usually employed, even though for the time being employees are not employed in it;

(b)    a person who is managing director, manager, secretary or member of the managing body (however called) of a corporation, partnership, firm or association of persons;

(c)     if 4 or more persons are, or claim to be, partners working in association in a calling or business—the partnership firm constituted, or claimed to be constituted, by the persons;

(d)    a group training scheme or labour hire agency that arranges for an employee (who is a party to a contract of service with the scheme or agency) to do work for someone else, even though the employee is working for the other person under an arrangement between the scheme or agency and the other person;

(e)    for proceedings for payment or recovery of amounts—a former employer.

(3)    In this section—

“labour hire agency” means an entity that conducts a business that includes the supply of services of employees to others.

7.   What is an industrial matter

(1)    An “industrial matter” is a matter that affects or relates to—

(a)    work done or to be done; or

(b)    the privileges, rights or functions of—

(i)      employers or employees; or

(ii)     persons who have been, or propose to be, or who may become, employers or employees; or

(c) a matter (whether or not an industrial matter as defined in this section) that the court or commission considers has been, is, or may be a cause or ontributory cause of an industrial action or industrial dispute.

(2)    However, a matter is not an industrial matter if it is the subject of proceedings for an indictable offence.

(3)    Without limiting subsection (1) or affecting subsection (2), a matter is an industrial matter if it relates to a matter mentioned in schedule 1.

8.   Provisions about appointments and procedures of committees

Schedule 2 contains provisions about—

(a)    the president and commissioners; and

(b)    the registrar; and

(c)     inspectors; and

(d)    the members, and procedure, of—

(i)      the president’s advisory committee; and

(ii)     the industrial relations advisory committee.

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