The Industrial Relations Commission of New South Wales is established under section 145 of the Industrial Relations Act 1996 (NSW) (IR Act).

The IRC exercises judicial and non-judicial powers. When exercising its judicial powers, it is called the Industrial Court of NSW, (Industrial Court). When exercising its non-judicial powers as a tribunal, it is called the Industrial Relations Commission (Commission).

Key functions of the Commission

The Commission’s general functions as a tribunal include:

• setting remuneration and other conditions of employment by making new awards and varying existing awards and approving enterprise agreements for NSW public sector and local government employees;
• resolving industrial disputes involving the NSW public sector or local government;
• hearing and determining other industrial matters;
• inquiring into, and reporting on, any industrial or other matter referred to it by the Minister; and
• performing any other function conferred on it by law.¹

The Commission’s most significant role is to set fair and reasonable terms and conditions of employment for NSW public sector and local government employees by making, varying and rescinding awards. An award may be made by the Commission acting on its own initiative, by application from an employer, industrial organisation or State peak council, or in the course of an arbitration to resolve an industrial dispute.²

Common industrial applications

The Commission hears applications by NSW public sector and local government workers (or their union on their behalf) seeking relief in respect of:

• Unfair dismissal;
• Victimisation;
• Public sector disciplinary appeals;
• Review of the Police Commissioner’s orders with respect to an officer’s misconduct or unsatisfactory performance or decision to remove a police officer; and
• Recovery of small monetary claims of up to $100,000 under the IR Act.

Further information about these applications is available on the Commission’s website.

^{1 Industrial Relations Act 1996 (NSW) s 146(1).; 2 Ibid s 11(2).}