Industrial Relations Amendment (Unfair Contracts) Act 1998 (NSW)

New South Wales

Industrial Relations Amendment

(Unfair Contracts) Act 1998 No 106

Contents

Page

1	Name of Act	2
2	Commencement	2
3	Amendment of Industrial Relations Act 1996 No 17	2

Schedule 1	Amendments	3
New South Wales

Industrial Relations Amendment

(Unfair Contracts) Act 1998 No 106

Act No 106, 1998

An Act to amend the Industrial Relations Act 1996 with respect to the jurisdiction of the Industrial Relations Commission relating to unfair contracts, [Assented to 5 November 1998]

Section 1 Industrial Relations Amendment (Unfair Contracts) Act 1998 No 106

The Legislature of New South Wales enacts:

Name of Act

This Act is the Industrial Relations Amendment (Unfair

Contracts) Act 1998.

Commencement

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

Amendment of Industrial Relations Act 1996 No 17

The Industrial Relations Act 1996 is amended as set out in

Schedule 1.

Industrial Relations Amendment (Unfair Contracts) Act 1998 No 106

Amendments	Schedule 1
Schedule 1	Amendments

(Section 3)

[1]        Section 109A

Insert after section 109:

109A Exclusion of certain contracts in connection with unfair

dismissals

This Division does not apply to a contract of

employment that is alleged to be an unfair contract for

any reason for which:

(a)	an application has been or could have been made by the employee under Part 6 (Unfair dismissals). or
(b)	such an application could have been made but for the provisions of section 83 that exclude the employee from making an application under that Part.

In this section:

contract of employment means any contract or arrangement under which work is done by a person in the capacity of an employee, and includes a related condition or collateral arrangement with respect to such

a contract.

dismissal has the same meaning that i t has in Part 6.

[2] Schedule 4 Savings, transitional and other provisions

Insert at the .he end of clause 2 (1 ) :

Industrial Relations Amendment	(Unfair Contracts) Act
1998.

Industrial Relations Amendment (Unfair Contracts) Act 1998 No 106

Schedule 1 Amendments

1. Schedule 4

   Insert after clause 19:

   19A Transitional provision consequent on changes to unfair

   contracts jurisdiction

   Section 109A (which was inserted by the Industrial

   Relations Amendment (Unfair Contracts) Act 1998) does

   not affect the jurisdiction of the Commission under Part 9 of Chapter 2 in connection with the dismissal of an employee before the commencement of that section.

[Minister’s second reading speech made in—

Legislative Council on 8 April 1998

Legislative Assembly on 29 October 1998 a.m.]