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

Overview of Bill

The object of this Bill is to make miscellaneous amendments to the Industrial
Relations Act 1996 (the principal Act) as a consequence of the enactment of the
Industrial Relations (Commonwealth Powers) Act 2009 which referred certain
matters relating to workplace relations to the Commonwealth Parliament.

In particular, the Bill:

(a) amends the principal Act to update existing references to Commonwealth
workplace relations legislation, including the Fair Work Act 2009 of the
Commonwealth (the Commonwealth Fair Work Act), and

(b) facilitates the transition, to the State industrial relations system, of federal
industrial instruments relating to specified State or local government
employers declared not to be national system employers.

Outline of provisions

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.

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Explanatory note page 2

Industrial Relations Amendment (Consequential Provisions) Bill 2010
Explanatory note
Schedule 1 Amendment of Industrial Relations Act
1996 No 17
Schedule 1 [1] provides that federal industrial instruments relating to specified State
or local government employers that are declared by the Minister not to be national
system employers under the Commonwealth Fair Work Act will be established as
either State awards or enterprise agreements under the principal Act. The Industrial
Relations Commission of NSW will have power to vary such awards or agreements
or provide exemptions where necessary.

Schedule 1 [4] makes an amendment consequential on the enactment of the
Commonwealth Fair Work Act to provide that decisions of the Minimum Wage
Panel and a Full Bench of Fair Work Australia (instead of the now defunct Australian
Industrial Relations Commission) will be decisions that the Industrial Relations
Commission of NSW must adopt and apply to State awards, unless the Commission
is satisfied that the decision is not consistent with the objects of the principal Act or
that there are other good reasons for not doing so.

Schedule 1 [10] makes it clear that the Industrial Relations Commission of NSW
may exercise certain dispute resolution functions in respect of federal enterprise
agreements known as preserved State agreements, which were continued under the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the
Commonwealth.

Schedule 1 [2], [3], [5]-[9] and [11]-[15] make amendments by way of statute law
revision to update references to Commonwealth workplace relations legislation, as
referred to in the Overview above.

Schedule 2 Amendment of Long Service Leave Act
1955 No 38
Schedule 2 makes a statute law revision amendment to the Long Service Leave
Act 1955 to update a reference to a definition of an award.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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