Industrial Relations Amendment (Non-operative Awards) Act 2011 (NSW)

An Act to amend the Industrial Relations Act 1996 to enable the rescission of awards that have no current application to any employer or employee; and for other purposes.

1Name of Act

This Act is the Industrial Relations Amendment (Non-operative Awards) Act 2011.

2Commencement

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

Schedule 1Amendment of Industrial Relations Act 1996 No 17[1]Section 17 Variation or rescission of award

Omit “(other than a non-operative award) under this section” from section 17 (1).

[2]Section 17 (1), note

Omit the note.

[3]Section 17 (3) and (4)

Omit “(other than a non-operative award)” wherever occurring.

[4]Section 19 Review of awards

Omit “determine whether or not an award has any current application to any employer or employee” from section 19 (2).

Insert instead “rescind obsolete awards”.

[5]Section 19 (6)

Omit the subsection. Insert instead:

(6)

The Commission is to make such changes to awards as it considers necessary as a result of a review.

[6]Section 20 Consolidation of awards and rescission of obsolete awards

Omit section 20 (2). Insert instead:

(2)

The Commission may rescind an obsolete award or an obsolete part of an award, whether or not in connection with the consolidation of awards.

[7]Section 20A Non-operative awards

Omit the section.

[8]Section 52 Variation of awards and other orders on adoption of National decisions or making of State decisions

Omit “(other than non-operative awards)” from section 52 (1).

[9]Section 52 (2)

Omit the subsection. Insert instead:

Note—

The adoption of a National decision or the making of a State decision enables the variation of an award to give effect to the decision without the concurrence of the parties to the award (see section 17).

[10]Schedule 4 Savings, transitional and other provisions

Insert at the end of clause 2 (1):

Industrial Relations Amendment (Non-operative Awards) Act 2011

[11]Schedule 4, clause 54 (2)

Insert “but before the commencement of the Industrial Relations Amendment (Non-operative Awards) Act 2011” after “amending Act”.

[12]Schedule 4

Insert at the end of the Schedule with appropriate Part and clause numbers:

PartProvisions consequent on enactment of Industrial Relations Amendment (Non-operative Awards) Act 2011(1)

All awards that were declared to be non-operative awards under this Act before the commencement of the Industrial Relations Amendment (Non-operative Awards) Act 2011 are taken to have been rescinded on the commencement of this clause by the Commission in accordance with section 20 (2).

(2)

Subclause (1) extends to awards referred to in clause 54 (3).

[13]Dictionary

Omit the definition of non-operative award.