Industrial Relations Amendment (Industrial Court) Bill 2016 (NSW)

Friday 23 September 2016 @ 10.49 a.m. | Industrial Law

The New South Wales Government has introduced a Bill into Parliament on 21 September 2016 that would see the abolition of the Industrial Relations Commission and its subsequent incorporation into the Supreme Court of New South Wales. The Industrial Relations Amendment (Industrial Court) Bill 2016 (the Bill) will move all existing judicial function of the Industrial Relations Commission to the Supreme Court to allow existing Supreme Court judges to hear matters as required. 

Background to the Amalgamation

NSW Attorney General Gabrielle Upton announced the amalgamation of the two courts on 21 September 2016. She made it clear that the Commission will continue to maintain all of its existing non judicial functions and that it’s judicial function will only be incorporated into the Supreme Court without significant changes. She said:

“Following a targeted consultation with key stakeholders, the NSW government is introducing the Industrial Relations Amendment (Industrial Court) Bill 2016 to deal with industrial relations cases more effectively…In the last decade, the Industrial Court workload has significantly decreased. Last year only 37 matters commenced in the Industrial Court, compared to 766 matters in 2005.”

At the moment, the Industrial Relations Court only has one existing judge, the President of the IRC the Honourable Justice Michael J Walton. Following the incorporation, Judge Walton will be appointed as a judge of the Supreme Court.

The Bill will also reconstitute the Industrial Relations Commission to consist of a Chief Commissioner and Commissioners.

The Bill is awaiting Second Reading Debate in the Legislative Council and is hoped to have a positive effect on the cases backlog in the NSW Supreme Court.

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Sources:

Industrial Relations Amendment (Industrial Court) Bill 2016, Bill and Explanatory Note as published on TimeBase LawOne

Lawyer's Weekly Article - IR Commission officially integrated into Supreme Court

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