Industrial Relations Laws:

Industrial Relations Laws seek to achieve a balance between the interests of employers and employees, so that the terms and conditions of their relationships are fair and equitable.

Apart from the specific legislative instruments which form part of New South Wales’ Industrial Relations regime, there are government guidelines and policies which can also affect the manner in which employers and their employees interact and deal with each other.

Some of the Statutes that govern industrial relations in this state are as follows:

• Annual Holidays Act 1944
• Associated General Contractors Insurance Company Limited Act 1980
• Broken Hill Trades Hall Site Act 1898
• Broken Hill Trades Hall Site Extension Act 1915
• Builders Labourers Federation (Special Provisions) Act 1986
• Building and Construction Industry Long Service Payments Act 1986
• Coal Industry (Industrial Matters) Act 1946
• Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010
• Employment Protection Act 1982
• Entertainment Industry Act 1989
• Essential Services Act 1988
• Funeral Services Industry (Days of Operation) Repeal Act 2000
• Hairdressers Act 2003
• Industrial Relations Act 1996
• Industrial Relations Advisory Council Act 2010
• Industrial Relations (Child Employment) Act 2006
• Industrial Relations (Commonwealth Powers) Act 2009
• Industrial Relations (Ethical Clothing Trades) Act 2001
• Long Service Corporation Act 2010
• Long Service Leave Act 1955
• Long Service Leave (Metalliferous Mining Industry) Act 1963
• Public Holidays Act 2010
• Retail Trading Act 2008

According to New South Wales Industrial Relations, the system of “Modern awards are industry or occupation-based minimum employment standards which apply in addition to the entitlements outlined in the National Employment Standards”. [1] Disputes relating to awards can be brought to the Fair Work Ombudsman, which:

“Under the Fair Work Act 2009, the Fair Work Ombudsman is responsible for promoting harmonious, productive and cooperative workplace relations and ensuring compliance with Commonwealth workplace laws.” [2]

The legal framework under which the Ombudsman and the Fair Work Commission conducts their affairs includes the following:

• Fair Work Act 2009
• Fair Work Regulations 2009
• Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
• Fair Work (State Referral and Consequential and Other Amendments) Act 2009
• Fair Work Amendment (State Referrals and Other Measures) Act 2009
• Independent Contractors Act 2006
• Freedom of Information Act 1982
• Privacy Act 1988

The National Fair Work System has specific minimum standards of employment which will bind business operators and employers within the Fair Work System, and these can be broadly describes as addressing the following concerns:

(a)    Maximum weekly hours of work.

(b)   Requests for flexible working arrangements.

(c)    Parental leave and related entitlements.

(d)   Annual leave.

(e)   Personal Leave.

(f)     Carer’s Leave

(g)    Compassionate leave.

(h)   Community Service Leave.

(i)     Long Service Leave.

(j)     Public Holidays.

(k)    Notice of Termination.

(l)     Redundancy Payments.

(m) Provisions of Fair Work Information Statement.

Disputes can occur in relation to any of the above minimum standards. Where an individual believes that they have been unfairly or unjustly treated by their employer, or where they believe that a standard has not been met, that individual should obtain industrial law legal advice first before taking action against the employer. The industrial law solicitor will be able to advise in relation to the laws as they are applied to the facts of the case. Only after all relevant investigations have been made and only after all relevant evidence and materials have been collated and considered, can the industrial relations lawyer be able to commence preparing a case for litigation.

The Industrial Relations Commission “conciliates and arbitrates to resolve industrial disputes, sets conditions of employment and fixes wages and salaries by making industrial awards, approves enterprise agreements and decides claims of unfair dismissal.” [3] The Commission:

• has powers in relation to conciliation and arbitration of disputes,
• is the forum in which allegations of unfair or unjust industrial relations contracts are assessed and determinations made,
• aims to promote the efficiency and productivity of the state economy,
• seeks to “promote participation in industrial relations” [4] between and by:
  • employers and employees (at enterprise or workplace level),
  • representative bodies of employers (e.g. business associations), and
  • employees (e.g. unions),
  • seeks to ensure democratic management of employer and employee representative bodies,
  • facilitates regulation of employment through the operation of:
    • awards,
    • enterprise agreements,
    • industrial instruments,

Where a party feels that they will need to make representations at the Industrial Relations Commission, that party should optimally retain an industrial relations litigator to prepare relevant submissions. Those submissions will need to consider all salient factual and legal points so that the Commission is fully aware of all issues which may be in dispute between parties.

[1] “National Fair Work System” NSW Industrial Relations website (updated, 17 April 2013) <www.industrialrelations.nsw.gov.au> (accessed, 23 December 2013).

[2] “The Fair Work Ombudsman” Fair Work Ombudsman website (updated, 14 October 2013) <www.fairwork.gov.au> (accessed, 23 December 2013).

[3] “Industrial Relations Commission – Purposes and Functions” Industrial Relations Commission website (update, 31 October 2013) <www.lawlink.nsw.gov.au> (accessed, 23 December 2013).

[4] Ibid.

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