Industrial Relations Act 1996 (NSW)

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Does not include amendments by—

Industrial Relations Amendment (Transport Sector Gig Workers and Others) Act 2025 No 20, Sch 1[2] [3], in so far as it relates to the omission of sec 309(4)(b) and (i), and [8] (not commenced — to commence on 10.10.2026)

Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.52 (not commenced)

See also—

Industrial Relations Amendment (De-amalgamation) Bill 2025

355E: Ins 2016 No 48, Sch 1 [86]. Rep 2023 No 41, Sch 1.2[84].

An Act to reform the law concerning industrial relations, and to repeal the Industrial Relations Act 1991.

Chapter 1Preliminary1Name of Act

This Act is the Industrial Relations Act 1996.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Objects

The objects of this Act are as follows—

  • (a)

    to provide a framework for the conduct of industrial relations that is fair and just,

  • (b)

    to promote efficiency and productivity in the economy of the State,

  • (c)

    to promote participation in industrial relations by employees and employers at an enterprise or workplace level,

  • (d)

    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,

  • (e)

    to facilitate appropriate regulation of employment through awards, enterprise agreements and other industrial instruments,

  • (f)

    to prevent and eliminate discrimination, bullying and sexual harassment in the workplace,

  • (f1)

    to achieve gender equality in the workplace, and in particular—

    • (i)

      to ensure equal remuneration for men and women doing work of equal or comparable value, and

    • (ii)

      to eliminate gender-based undervaluation of work,

  • (g)

    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,

  • (h)

    to encourage and facilitate co-operative workplace reform and equitable, innovative and productive workplace relations,

  • (i)

    to encourage strategies to attract and retain skilled staff where there are skill shortages so as to ensure effective and efficient delivery of services.

s 3: Am 2023 No 41, Sch 1.3[1]; 2025 No 42, Sch 1[1].

4Dictionary(1)

Expressions used in this Act (or in a particular provision of this Act) that are defined in the Dictionary at the end of this Act have the meanings given to them in the Dictionary.

(2)

Key expressions used in this Act are defined in the following provisions of this Chapter.

Note.

Some expressions used in this Act are defined in the Interpretation Act 1987, and have the meanings given to them in that Act.

5Definition of employee(1)

In this Act, employee means—

  • (a)

    a person employed in any industry, whether on salary or wages or piece-work rates, or

  • (b)

    any person taken to be an employee by subsection (3).

(2)

A person is not prevented from being an employee only because—

  • (a)

    the person is working under a contract for labour only, or substantially for labour only,…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.