Purpose:

This legislation establishes a framework for the conduct of industrial relations in New South Wales, aiming to provide fair and just employment conditions, promote efficiency, and facilitate dispute resolution.

Objectives:

• To provide a framework for the conduct of industrial relations that is fair and just.
• To promote efficiency and productivity in the economy of the State.
• To promote participation in industrial relations by employees and employers at an enterprise or workplace level.
• To encourage participation in industrial relations by representative bodies of employees and employers and to encourage the responsible management and democratic control of those bodies.
• To facilitate appropriate regulation of employment through awards, enterprise agreements and other industrial instruments.
• To prevent and eliminate discrimination in the workplace and in particular to ensure equal remuneration for men and women doing work of equal or comparable value.
• To provide for the resolution of industrial disputes by conciliation and, if necessary, by arbitration in a prompt and fair manner and with a minimum of legal technicality.
• To encourage and facilitate co-operative workplace reform and equitable, innovative and productive workplace relations.
• To encourage strategies to attract and retain skilled staff where there are skill shortages so as to ensure effective and efficient delivery of services.

Key Provisions:

• The Commission has the authority to make awards setting fair and reasonable conditions of employment for employees.
• Enterprise agreements may be made to set employment conditions, requiring Commission approval based on principles including “no net detriment” to employees.
• Employees are entitled to a total of 52 weeks of unpaid parental leave in connection with the birth or adoption of a child.
• The Act provides mechanisms for employees to apply for a remedy if dismissed unfairly, with the Commission having powers to order reinstatement, re-employment, or compensation.
• The Commission can declare contracts for work in any industry void or varied if deemed unfair, harsh, unconscionable, against public interest, or designed to avoid industrial instrument provisions.
• Employers are required to pay employees in money, in full, and without unauthorised deductions, and must provide written particulars of remuneration.
• Principal contractors can be held liable for unpaid remuneration to employees of their subcontractors unless specified conditions are met.
• The Industrial Relations Commission is established with general functions including setting remuneration, resolving industrial disputes, and inquiring into industrial matters.
• Industrial organisations are regulated, with provisions for freedom of association, freedom from victimisation, registration, and requirements for their rules, elections, and financial management.
• Officers of industrial organisations have a right of entry to premises for discussion with employees and for investigating breaches of industrial instruments, subject to notice requirements.
• The Act includes provisions for civil penalties for breaches of industrial instruments and outlines procedures for the recovery of unpaid remuneration and other amounts.

Evidence of Compliance Requirements For Agricultural Organisations:

• General Award Compliance:
  • Employers and employees are bound by awards to which they relate (Section 12(1)).
  • Awards must contain dispute resolution procedures, including provisions for workplace consultation and the involvement of relevant industrial organisations (Section 14(1), (3)).
  • Employers must ensure that employees are provided with not less than one week of sick leave on full pay for each year of service, accumulating for at least 3 years (Section 26(1)).
  • Awards must not permit the cashing-in of accumulated sick leave (Section 27(1)).
• Enterprise Agreement Compliance:
  • Employers must ensure that enterprise agreements are approved by the Commission to take effect (Section 32(1)).
  • Employers must, before or at the time of first formal negotiations for an agreement, advise the Industrial Registrar in writing that an enterprise agreement is proposed or under negotiation, and specify the applicable State or Federal awards (Section 36(2)).
  • Employers must ensure that the enterprise agreement is approved in a secret ballot by not less than 65% of the employees to be covered (Section 36(4)).
  • Employers bound by an enterprise agreement must give new employees notice of the agreement’s existence and access to a copy or summary in a language they understand (Section 46).
• Parental Leave Compliance:
  • Employees taking maternity leave should give at least 10 weeks’ written notice of intention, must give at least 4 weeks’ written notice of start/end dates, must provide a medical certificate confirming pregnancy and expected birth date, and a statutory declaration about the spouse’s leave (Section 58(1)).
  • Employees taking paternity or partner leave should give at least 10 weeks’ written notice for extended leave, must give at least 4 weeks’ written notice of start/end dates, must provide a medical certificate confirming the spouse’s pregnancy, and a statutory declaration about the spouse’s leave and primary caregiver status for extended leave (Section 58(2)).
  • Employees taking adoption leave should give written notice of adoption approval at least 10 weeks before expected placement for extended leave, must give written notice of start/end dates at least 14 days before leave, must provide a statement from an adoption agency, and a statutory declaration about the spouse’s leave and primary caregiver status for extended leave (Section 58(3)).
  • Employees must notify the employer of any change in parental leave information provided within 2 weeks after the change (Section 58(5)).
  • If required by the employer, an employee applying for parental leave must provide a statutory declaration or enter an agreement stating they will not engage in conduct inconsistent with their employment contract (Section 58(6)).
  • Employers, on becoming aware of an employee’s (or spouse’s) pregnancy or adoption, must inform the employee of their parental leave entitlements and obligations to notify the employer (Section 67(1)).
  • Employers must keep a record of parental leave granted and all related notices and documents for at least 6 years (Section 67(2)).
  • Employers must inform replacement employees of the temporary nature of their employment and the returning parental leave employee’s rights (Section 69(2)).
• Part-time Work Agreement Compliance:
  • Part-time work agreements must be in writing and signed by the employer and employee (Section 76(2)).
  • Employers must retain a copy of the part-time work agreement during the period of part-time work and provide a copy to the employee immediately after it is made (Section 78(1), (2)).
  • Employers must send a copy of the part-time work agreement to the Industrial Registrar not later than 1 month after it is made (Section 78(3)). This also applies to variations of the agreement (Section 78(5)).
  • Employers must inform replacement employees of the temporary nature of their employment and the part-time employee’s right to return to full-time employment (Section 82(2)).
• Payment of Remuneration Compliance:
  • Remuneration must be paid in money (cash, cheque, electronic transfer with appropriate authority) at least once each fortnight if demanded (Section 117(1), (2)).
  • Payment must be in full, without unauthorised deductions. Deductions are only allowed if authorised in writing by the employee or by an industrial instrument (Section 118(1), (2)).
  • Employers must pay unclaimed remuneration (where employee’s location is unknown for 30 days after termination) to the Treasury immediately after that 30-day period (Section 122(1)).
  • Employers must supply written particulars of payment to employees when paying remuneration, as prescribed by regulations, or use arrangements approved by the Industrial Registrar (Section 123(1), (2)).
  • Principal contractors are liable for unpaid remuneration to subcontractor employees unless they hold a written statement from the subcontractor certifying all remuneration has been paid (Section 127(2)). The subcontractor must keep a copy of such statements for at least 6 years (Section 127(4)).
  • Employers must keep daily records of remuneration paid, hours worked, and other prescribed employment conditions (as per industrial relations legislation or instruments) for at least 6 years (Section 129(1), (4)).
• Industrial Organisation Compliance (for State Organisations):
  • Industrial organisations must have a registered office in New South Wales and notify the Industrial Registrar of its address and any changes (Section 224(1), (2)).
  • Industrial organisations must maintain rules that comply with the Act, covering areas such as fees, disciplinary procedures, committee structure, meetings, financial management, property control, accounts, and a register of members (Sections 235, 237).
  • Rules must provide for the election of officers by specific voting systems (direct or collegiate) and specify terms of office (Sections 238, 241). Ballots, if required for direct voting, must be secret postal ballots (Section 240(1)).
  • Rules must stipulate conditions for loans, grants, and donations exceeding $1,000, requiring committee of management approval (Section 243(1)).
  • Industrial organisations must keep a register of members with specified particulars (name, postal address) and lists of offices and officeholders. They must update the register within 28 days of members joining, leaving, or changes in particulars (Section 278(1), (2)).
  • Industrial organisations must lodge a statutory declaration annually with the Industrial Registrar from the secretary, certifying the maintenance of the member register, and a copy of the records of offices and officers (Section 278(3)). Changes to these records must be lodged within 28 days (Section 278(4)). Records must be kept at the registered office (Section 278(5)).
  • Industrial organisations must lodge a statement with the Industrial Registrar, as soon as practicable after each financial year, detailing loans, grants, and donations exceeding $1,000 (Section 280(1)).
• Inspection and Enforcement:
  • Authorised industrial officers can enter premises during working hours to hold discussions with employees (during lunch or non-working time) (Section 297).
  • Authorised industrial officers can enter premises during working hours to investigate suspected breaches. They may require employers to produce employee records and other documents related to the suspected breach for inspection or copying (Section 298(1), (2)).
  • Prior notice of at least 24 hours (or 48 hours for off-site records) must be given to the employer by an authorised industrial officer before exercising investigative powers, unless waived by the Commission or Industrial Registrar (Section 298(3), (4)).
  • Authorised industrial officers must produce their instrument of authority if requested by the occupier or a person required to provide information (Section 299(2)).
  • Persons to whom an authority has been issued must return it to the Industrial Registrar within 14 days of expiry or revocation (Section 299(6)).

Metadata Keywords:

Industrial Relations, Employment Law, New South Wales, Awards, Enterprise Agreements, Parental Leave, Unfair Dismissal, Trade Unions, Forestry, Industrial Disputes

Publication Information:

Historical version for 9 April 2025 to 30 April 2025. Original Act: 1996 No 17.

Agricultural Industry Alignment:

Forestry

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://legislation.nsw.gov.au/view/whole/pdf/inforce/2025-04-22/act-1996-017 →