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This is a Bill, not an Act. For current law, see the Acts databases.


INDUSTRIAL RELATIONS ADVISORY COUNCIL BILL 2010




                              New South Wales




Industrial Relations Advisory Council
Bill 2010

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The object of this Bill is to establish the Industrial Relations Advisory Council (the
Council) to provide, in the public interest, a regular and organised means by which
representatives of the Government, employers and employees, and other persons
invited by the Minister, may consult together on industrial matters of State-wide
concern.

Outline of provisions
Part 1         Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.
Clause 3 defines certain words and expressions used in the proposed Act.
Clause 4 sets out the object of the proposed Act as set out in the Overview above.




b2010-093-25.d11
Industrial Relations Advisory Council Bill 2010

Explanatory note




Part 2        Industrial Relations Advisory Council
Clause 5 establishes the Council.
Clause 6 provides that the Council is to consist of the following members:
(a) the Minister,
(b) the Director-General of the Department of Premier and Cabinet,
(c) the Director-General of the Department of Services, Technology and
       Administration,
(d) 7 persons nominated by Unions NSW,
(e) one person nominated by the NSW Business Chamber,
(f)    one person nominated by the Australian Industry Group (NSW Branch),
(g) one person nominated by the Australian Federation of Employers and
       Industries,
(h) one person nominated by the Local Government and Shires Associations of
       New South Wales,
(i)    one person nominated by the Catholic Commission for Employment
       Relations,
(j)    one person nominated by the Law Society of New South Wales,
(k) one person nominated by the Bar Association of New South Wales.
Clause 7 sets out the functions of the Council (including assisting the Minister in
formulating, and to advise the Minister on implementing, policies affecting industrial
relations and employment in the State).
Clause 8 provides that the Council may establish committees for specified purposes
to assist it in connection with the exercise of its functions.
Clause 9 provides that views expressed by individual members of the Council (as
distinct from the views or decision of the Council as a whole) must be kept
confidential and that the Minister may remove a member from office for
contravening that provision.

Part 3        Miscellaneous
Clause 10 enables the Governor to make regulations for the purposes of the
proposed Act.
Clause 11 provides for the review of the proposed Act in 5 years.

Schedule 1                Provisions relating to members of
                          Council
Schedule 1 contains provisions relating to membership and procedure of the
Council.



Explanatory note page 2
                                                       First print




                                 New South Wales




Industrial Relations Advisory Council
Bill 2010


Contents

                                                             Page
Part 1         Preliminary
                    1   Name of Act                             2
                    2   Commencement                            2
                    3   Definitions                             2
                    4   Object of Act                           2

Part 2         Industrial Relations Advisory Council
                    5   Establishment of Council                3
                    6   Membership of Council                   3
                    7   Functions of Council                    3
                    8   Committees of Council                   4
                    9   Confidentiality                         4

Part 3         Miscellaneous
                   10   Regulations                             5

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Industrial Relations Advisory Council Bill 2010

Contents

                                                                 Page
               11    Review of Act                                 5

Schedule 1           Provisions relating to members of Council     6




Contents page 2
                          New South Wales




Industrial Relations Advisory Council
Bill 2010
No     , 2010


A Bill for

An Act to establish the Industrial Relations Advisory Council; and for other
purposes.
Clause 1          Industrial Relations Advisory Council Bill 2010

Part 1            Preliminary




The Legislature of New South Wales enacts:                                                  1


Part 1         Preliminary                                                                  2

  1      Name of Act                                                                        3

               This Act is the Industrial Relations Advisory Council Act 2010.              4

  2      Commencement                                                                       5

               This Act commences on the date of assent to this Act.                        6

  3      Definitions                                                                        7

               In this Act:                                                                 8
               appointed member means a member referred to in section 6 (1) (d).            9
               Chairperson means the Chairperson of the Council.                           10
               Council means the Industrial Relations Advisory Council established         11
               under this Act.                                                             12
               exercise a function includes perform a duty.                                13
               function includes a power, authority or duty.                               14
               member means a member of the Council.                                       15

  4      Object of Act                                                                     16

               The object of this Act is to establish the Industrial Relations Advisory    17
               Council to provide, in the public interest, a regular and organised means   18
               by which representatives of the Government, employers and                   19
               employees, and other persons invited by the Minister, may consult           20
               together on industrial matters of State-wide concern.                       21




Page 2
Industrial Relations Advisory Council Bill 2010                            Clause 5

Industrial Relations Advisory Council                                      Part 2




Part 2        Industrial Relations Advisory Council                                          1

  5    Establishment of Council                                                              2

              There is established by this Act an Industrial Relations Advisory              3
              Council.                                                                       4

  6    Membership of Council                                                                 5

       (1)    The Council is to consist of:                                                  6
              (a) the Minister, who is to be the Chairperson, and                            7
              (b) the Director-General of the Department of Premier and Cabinet,             8
                     and                                                                     9
              (c) the Director-General of the Department of Services, Technology            10
                     and Administration, and                                                11
              (d) the following members appointed by the Minister:                          12
                      (i) 7 members nominated by Unions NSW,                                13
                     (ii) one member nominated by the NSW Business Chamber,                 14
                    (iii) one member nominated by the Australian Industry Group             15
                          (NSW Branch),                                                     16
                    (iv) one member nominated by the Australian Federation of               17
                          Employers and Industries,                                         18
                     (v) one member nominated by the Local Government and                   19
                          Shires Associations of New South Wales,                           20
                    (vi) one member nominated by the Catholic Commission for                21
                          Employment Relations,                                             22
                   (vii) one member nominated by the Law Society of New South               23
                          Wales,                                                            24
                  (viii) one member nominated by the Bar Association of New                 25
                          South Wales.                                                      26

       (2)    Nothing in this section prevents the Minister from inviting or                27
              authorising any other person to attend, or participate in, a meeting of the   28
              Council.                                                                      29

       (3)    Schedule 1 contains provisions relating to members of the Council.            30

  7    Functions of Council                                                                 31

              The functions of the Council are as follows:                                  32
              (a) to assist the Minister in formulating, and to advise the Minister         33
                    on implementing, policies affecting industrial relations and            34
                    employment in the State,                                                35




                                                                                Page 3
Clause 8          Industrial Relations Advisory Council Bill 2010

Part 2            Industrial Relations Advisory Council




               (b)   to advise the Minister on legislative proposals of industrial         1
                     significance,                                                         2
               (c)   to consider matters referred to the Council by the Minister or        3
                     members of the Council.                                               4

  8      Committees of Council                                                             5

         (1)   The Council may establish committees for specified purposes to assist       6
               it in connection with the exercise of its functions.                        7

         (2)   A committee must include at least one member of the Council.                8

         (3)   The procedure for the calling of meetings of a committee and for the        9
               conduct of business at those meetings is to be determined by the Council   10
               or, subject to any determination of the Council, by the committee.         11

  9      Confidentiality                                                                  12

         (1)   The views expressed by individual members of the Council (as distinct      13
               from the views or decision of the Council as a whole) must be kept         14
               confidential.                                                              15

         (2)   However, this section does not prevent an appointed member from            16
               reporting to the body on whose nomination the member was appointed         17
               on the views expressed at a meeting of the Council.                        18

         (3)   There must be no public announcement of a view or decision reached         19
               by the Council unless the Council resolves that the announcement           20
               should be made.                                                            21

         (4)   Without limiting the generality of clause 3 (3) of Schedule 1, the         22
               Minister may remove an appointed member from office if the member          23
               contravenes this section.                                                  24




Page 4
Industrial Relations Advisory Council Bill 2010                           Clause 10

Miscellaneous                                                             Part 3




Part 3        Miscellaneous                                                                 1

10     Regulations                                                                          2

              The Governor may make regulations, not inconsistent with this Act, for        3
              or with respect to any matter that by this Act is required or permitted to    4
              be prescribed or that is necessary or convenient to be prescribed for         5
              carrying out or giving effect to this Act.                                    6

11     Review of Act                                                                        7

       (1)    The Minister is to review this Act to determine whether the policy            8
              objectives of the Act remain valid and whether the terms of the Act           9
              remain appropriate for securing those objectives.                            10

       (2)    The review is to be undertaken as soon as possible after the period of       11
              5 years from the date of assent to this Act.                                 12

       (3)    A report on the outcome of the review is to be tabled in each House of       13
              Parliament within 12 months after the end of the period of 5 years.          14




                                                                               Page 5
                  Industrial Relations Advisory Council Bill 2010

Schedule 1        Provisions relating to members of Council




Schedule 1               Provisions relating to members of                                1
                         Council                                                          2

 1    Deputies of members                                                                 3

         (1)   The Minister may, from time to time, appoint a person to be the deputy     4
               of a member, and may revoke any such appointment.                          5

         (2)   In the absence of a member, the member's deputy may, if available, act     6
               in place of the member.                                                    7

         (3)   While acting in place of a member, the deputy has all the functions of     8
               the member and is taken to be a member.                                    9

 2    Term of office                                                                     10

               Subject to this Schedule, an appointed member holds office for such       11
               period (not exceeding 3 years) as is specified in the member's            12
               instrument of appointment, and is eligible for re-appointment.            13

 3    Vacancy in office                                                                  14

         (1)   The office of an appointed member becomes vacant if the member:           15
               (a) dies, or                                                              16
               (b) completes a term of office and is not re-appointed, or                17
               (c) resigns the office by instrument in writing addressed to the          18
                     Minister, or                                                        19
               (d) ceases to be the nominee of the body on whose nomination the          20
                     member was appointed, or                                            21
               (e) is removed from office by the Minister under this clause, or          22
               (f) absents himself or herself from 4 consecutive meetings of the         23
                     Council of which reasonable notice has been given to the member     24
                     personally or in the ordinary course of post, unless:               25
                      (i) the Council has granted the member leave to be absent          26
                            from those meetings, or                                      27
                     (ii) within 4 weeks after the last of those meetings, the member    28
                            is excused by the Council for having been absent from        29
                            those meetings, or                                           30
               (g) becomes bankrupt, applies to take benefit of any law for the relief   31
                     of bankrupt or insolvent debtors, compounds with his or her         32
                     creditors or makes an assignment of his or her remuneration for     33
                     their benefit, or                                                   34




Page 6
Industrial Relations Advisory Council Bill 2010

Provisions relating to members of Council                               Schedule 1




              (h)    becomes a mentally incapacitated person, or                         1
               (i)   is convicted in New South Wales of an offence that is punishable    2
                     by imprisonment for 12 months or more or is convicted               3
                     elsewhere than in New South Wales of an offence that, if            4
                     committed in New South Wales, would be an offence so                5
                     punishable.                                                         6

       (2)    A body referred to in section 6 (1) (d) may, by instrument in writing      7
              addressed to the Minister, revoke the nomination of an appointed           8
              member.                                                                    9

       (3)    The Minister may remove an appointed member from office at any time.      10

  4    Filling of vacancy of member                                                     11

              If the office of an appointed member becomes vacant, a person is,         12
              subject to this Act, to be appointed to fill the vacancy.                 13

  5    General procedure                                                                14

              The procedure for the calling of meetings of the Council and for the      15
              conduct of business at those meetings is, subject to this Act and the     16
              regulations, to be as determined by the Council.                          17

  6    Meetings of Council                                                              18

              The Council must hold at least 2 meetings in each calendar year.          19

  7    Quorum                                                                           20

       (1)    Subject to subclause (2), the quorum for a meeting of the Council is 7    21
              of its members.                                                           22

       (2)    A quorum for the meeting of the Council must include each of the          23
              following members or that member's deputy:                                24
               (a) the Minister,                                                        25
              (b) the Director-General of the Department of Premier and Cabinet,        26
               (c) the Director-General of the Department of Services, Technology       27
                    and Administration.                                                 28




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