Industrial Committees

The functions of the Commission under the Industrial Relations Act 1996 (NSW) (IR Act) with respect to a matter may be exercised by an industrial committee, but only in respect of the industry (or part of the industry) for which the Committee is established.¹

An industrial committee consists of a member from the Industrial Relations Commission of New South Wales (Commission), who acts as the chairperson, and an equal number of employer and employee representatives from a specific industry.²

How is an industrial committee established?

A request to create, dissolve or become a member of an industrial committee should be emailed to the Industrial Registrar. The Commission will review the application and, if it approves the application, determine the number of committee members needed.³

Organisations that are relevant to the industrial committee will be notified and asked to nominate members (except the Chairperson).⁴ The Industrial Registrar will appoint the committee members in accordance with regulation 16 of the Industrial Relations (General) Regulation 2020 (NSW) and the incoming members will be required to take an oath.⁵

The Industrial Registrar may appoint an appropriately qualified person to the industrial committee if they are satisfied that there has been a failure to nominate a person for appointment.⁶

Functions

An industrial committee can exercise functions in relation to the industry or part of the industry for which it is established only if:

• the matter is allocated to the industrial committee by the President of the Commission,⁷ or
• an application to exercise a function is made to the Commission by an employer or an industrial organisation in the industry relevant to the committee.⁸

What is the duration of an industrial committee?

An industrial committee is established for a three-year term⁹ unless the Commission, on application or its own initiative, dissolves the committee within that period.¹⁰  An industrial committee that has been dissolved or expired can be re-established and new members appointed.¹¹

The Commission can extend an industrial committee’s existence for three years at a time.¹² If the duration is extended, existing members can continue in office without the need for re-appointment.¹³

Schedule 3 to the IR Act provides information about the conduct of industrial committee members and procedures that must be followed.

 1 Industrial Relations Act 1996 (NSW) s 199(1).; 2 Ibid s 198(2).; 3 Industrial Relations (General) Regulation 2020 (NSW) cl 16(2).; 4 Ibid cl 16(3).; 5 Ibid cl 17.; 6 Industrial Relations Act 1996 (NSW) s 198(4).; 7 Ibid s 199(2)(a); 8 Ibid s 199(2)(b).; 9 Ibid s 200(1).; 10 Ibid s 200(2).; 11 Ibid s 200(5).; 12 Ibid s 200(3).; 13 Ibid s 200(4).