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This is a Bill, not an Act. For current law, see the Acts databases.
Industrial Relations Amendment
(Non-operative Awards) Bill 2010
No , 2010
A Bill for
An Act to amend the Industrial Relations Act 1996 to protect non-operative awards;
and for other purposes.
Industrial Relations Amendment (Non-operative Awards) Bill 2010 Clause 1
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Industrial Relations Amendment (Non-operative 3
Awards) Act 2010. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Industrial Relations Amendment (Non-operative Awards) Bill 2010
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
Schedule 1 Amendment of Industrial Relations Act 1
1996 No 17 2
[1] Section 17 Variation or rescission of award (other than non-operative 3
award) 4
Insert "(other than a non-operative award) under this section" after "award" in 5
section 17 (1). 6
[2] Section 17 (1), note 7
Insert at the end of section 17 (1): 8
Note. A non-operative award may be varied under section 52. 9
[3] Section 17 (3) 10
Insert "(other than a non-operative award)" after "An award". 11
[4] Section 17 (4) 12
Insert "(other than a non-operative award)" after "award". 13
[5] Section 19 Review of awards 14
Omit "rescind obsolete awards" from section 19 (2). 15
Insert instead "determine whether or not an award has any current application 16
to any employer or employee". 17
[6] Section 19 (6) 18
Omit the subsection. Insert instead: 19
(6) The Commission is to: 20
(a) make such changes to awards as it considers necessary as 21
a result of a review, or 22
(b) in the case of an award that the Commission determines 23
does not have any current application to any employer or 24
employee--make a declaration to that effect, or 25
(c) in the case of a non-operative award that the Commission 26
determines has current application to an employer or 27
employee--declare that the award is no longer a 28
non-operative award. 29
Page 3
Industrial Relations Amendment (Non-operative Awards) Bill 2010
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
[7] Section 20 Consolidation of awards 1
Omit section 20 (2). Insert instead: 2
(2) The Commission may, in connection with the consolidation of 3
awards, declare that an award does not have any current 4
application to any employer or employee. 5
[8] Section 20A 6
Insert after section 20: 7
20A Non-operative awards 8
(1) The Commission may: 9
(a) if the Commission is satisfied that an award does not have 10
any current application to any employer or employee-- 11
make a declaration to that effect, or 12
(b) if the Commission is satisfied that a non-operative award 13
has current application to an employer or employee-- 14
declare that the award is no longer a non-operative award. 15
(2) Section 11 applies to any such declaration as if it were an award. 16
(3) The Industrial Registrar is to keep a register of non-operative 17
awards. 18
(4) A copy of the register is to be published by the Industrial 19
Registrar on the NSW industrial relations website. 20
[9] Section 52 Variation of awards and other orders on adoption of National 21
decisions or making of State decisions 22
Insert "(other than non-operative awards)" after "awards". 23
[10] Section 52 (2) 24
Omit the note to section 52. Insert instead: 25
(2) When adopting the principles or provisions of a National decision 26
or making a State decision, the Commission is to vary 27
non-operative awards to the extent necessary to give effect to the 28
decision. 29
[11] Schedule 4 Savings, transitional and other provisions 30
Insert at the end of clause 2 (1): 31
Industrial Relations Amendment (Non-operative Awards) 32
Act 2010 33
Page 4
Industrial Relations Amendment (Non-operative Awards) Bill 2010
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
[12] Schedule 4 1
Insert at the end of the Schedule with appropriate Part and clause numbering: 2
Part Provisions consequent on enactment of 3
Industrial Relations Amendment 4
(Non-operative Awards) Act 2010 5
Non-operative awards 6
(1) This clause applies to an award that: 7
(a) was in force on the date of introduction, and 8
(b) was varied or rescinded during the period commencing on 9
the date of introduction and ending immediately before the 10
commencement of the 2010 amending Act. 11
(2) On or after the commencement of the 2010 amending Act, the 12
Commission may make a declaration under section 20A in 13
relation to an award to which this clause applies as if the award 14
had not been rescinded or varied. 15
(3) If the Commission makes a declaration under section 20A (1) (a) 16
in relation to such an award, the award continues in force as if the 17
variation or rescission referred to in subclause (1) (b) had not 18
occurred. 19
(4) In this clause: 20
date of introduction means the date on which the Bill for the 21
2010 amending Act was introduced into the Legislative 22
Assembly. 23
the 2010 amending Act means the Industrial Relations 24
Amendment (Non-operative Awards) Act 2010. 25
Page 5
Industrial Relations Amendment (Non-operative Awards) Bill 2010
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
[13] Dictionary 1
Insert in alphabetical order: 2
non-operative award means an award that is declared, under 3
section 19, 20 or 20A, to be an award that does not have any 4
current application to any employer or employee. 5
Page 6
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