Industrial Relations Commission under threat

By Maree O’Halloran

The Carr Government has prepared legislative changes which will reduce the power and authority of the NSW Industrial Relations Commission (IRC).

The timing of the proposals puts the judges and commissioners under great pressure and scrutiny while they are considering Federation's salaries case and the Catholic school teachers' case. Teachers' awards cover more employees in NSW than any other award. These cases are an opportunity for the Industrial Relations Commission to significantly lift the status and salaries of the teaching profession. A corollary of such a decision would be that the policy direction of the State Government would be changed. It would be forced to pay teachers rather than continue to depress their wages.

The proposed changes to the legislation include:

• giving the NSW Court of Appeal supervisory jurisdiction over the Industrial Relations Commission
• taking away part of the Commission's occupational health and safety jurisdiction
• taking away some of the commercial jurisdiction of the Industrial Relations Commission.

The President of the IRC, Lance Wright and the Vice President Michael Walton were both criticised in media reports. NSW Attorney General Bob Debus said he was concerned that the IRC had "not made the same improvements in court delays as other jurisdictions" (Sydney Morning Herald, November 18).

Public education teachers will not be surprised to find that a lack of resources resulting in excessive workload is the major reason for court delays in the IRC.

Lance Wright and Mike Walton are both judges in Federation's salaries case. They now face the immense political and personal pressure of providing teachers with salaries justice at a time when their jurisdiction is under threat by the Government. The timing of the Government's threat to the IRC is clearly no coincidence.

Federation has a strong history of supporting the independence of the Industrial Relations Commission. In 1989 the Federation opposed the Greiner Government's plans to neuter the Commission.

In 2003 Federation has written to the NSW Labor Council to seek the support of affiliates to oppose the Government's changes. As a result of Labor Council intervention, the legislation has been deferred by next year. However, the deferred legislation is still a threat to the Industrial Relations Commission, particularly while it is considering Federation's salaries case.

On November 20 the Labor Council voted to support Federation's call for the Industrial Relations Commission not to lose its appellate powers or any of its occupational health and safety jurisdictions.

Maree O'Halloran is the President.

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DET presents its case in the Commission

Non-school-based officers should stand up for salary justice

For further information

November 2003 contents