New era of industrial relations in NSW as Industrial Court begins work today

Monday, 1 July 2024

The Industrial Court of New South Wales today commences operations as a one-stop shop for industrial justice as well as work health and safety matters.

The court and the Industrial Relations Commission will be independent umpires for industrial relations in NSW, with the power to force unions and government agencies to come together, mediate disputes and arbitrate final outcomes in pay disputes.

Established last year by the Industrial Relations Amendment Act 2023, the Industrial Court will act as a superior court of record, with equivalent status to the Supreme Court and the Land and Environment Court.

Three eminent and respected practitioners of the law were formally appointed by the Governor earlier this year.

Ingmar Taylor SC, a nationally recognised expert in employment law and work health and safety, will be appointed President of the Industrial Relations Commission and a judge of the Industrial Court.

David Chin SC, a specialist in work health and safety, industrial, employment and discrimination law, who co-authored The Modern Contract of Employment, will be the commission’s Vice-President and a judge of the Industrial Court.

Jane Paingakulam, who has practiced primarily in criminal law and provided advice to government agencies on public sector issues, will be the commission’s Deputy President and a judge of the Industrial Court.

The NSW Industrial Court will hear all industrial relations matters relating to NSW state government and local government employees. Private sector employees will remain in the commonwealth’s jurisdiction under the Fair Work Commission.

The Industrial Court will hear matters relating to work health and safety in New South Wales and will again have jurisdiction over matters that were transferred to other courts when the Industrial Court was abolished in 2016.

The new court will be temporarily located in Bridge Street, Sydney whilst the commission’s premises in Parramatta undergo refurbishment.

Attorney General Michael Daley said:

“The Minns Labor Government has delivered for working people with this court, ensuring state and local government employees have access to an independent umpire.

“Today, three eminent legal practitioners have been sworn-in, commencing work in NSW’s newest one-stop shop providing access to justice in industrial and work, health and safety matters.”

Acting Minister for Industrial Relations Tara Moriarty said:

“This is a historic day for industrial relations in NSW. The Minns Labor Government promised meaningful reforms and we have delivered.

“I congratulate The Honourable Justice Taylor, President, The Honourable Justice Chin, Vice-President, and The Honourable Justice Paingakulam, Deputy President, on their swearing in today.”