Industrial Relations Advisory Council Act 2010

This Act is the Industrial Relations Advisory Council Act 2010.

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

In this Act—

appointed member means a member referred to in section 6 (1) (d).

Chairperson means the Chairperson of the Council.

Council means the Industrial Relations Advisory Council established under this Act.

exercise a function includes perform a duty.

function includes a power, authority or duty.

member means a member of the Council.

The object of this Act is to establish the Industrial Relations Advisory 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.

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

The Council is to consist of—

the Minister, who is to be the Chairperson, and

the Secretary of the Premier’s Department, and

(Repealed)

the following members appointed by the Minister—

8 members nominated by Unions NSW,

one member nominated by the NSW Business Chamber,

one member nominated by the Australian Industry Group (NSW Branch),

one member nominated by the Australian Federation of Employers and Industries,

one member nominated by the Local Government and Shires Association of New South Wales,

one member nominated by the Catholic Commission for Employment Relations,

one member nominated by the Law Society of New South Wales,

one member nominated by the Bar Association of New South Wales,

one member nominated by the Master Builders Association of New South Wales.

Nothing in this section prevents the Minister from inviting or authorising any other person to attend, or participate in, a meeting of the Council.

Schedule 1 contains provisions relating to members of the Council.

The functions of the Council are as follows—

to assist the Minister in formulating, and to advise the Minister on implementing, policies affecting industrial relations and employment in the State,

to advise the Minister on legislative proposals of industrial significance,

to consider matters referred to the Council by the Minister or members of the Council.

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

A committee must include at least one member of the Council.

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

The 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.

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

There must be no public announcement of a view or decision reached by the Council unless the Council resolves that the announcement should be made.

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

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

The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

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

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

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

In the absence of a member, the member’s deputy may, if available, act in place of the member.

While acting in place of a member, the deputy has all the functions of the member and is taken to be a member.