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Industrial relations

This unit of work addresses aspects of the following syllabus outcomes:

H1.1 investigates industry through the study of businesses in one focus area

H5.1 selects and uses communication and information processing skills

Extract from Stage 6 Industrial Technology Syllabus © Board of Studies NSW 1999.

The NSW Department of Industrial Relations

The NSW Department of Industrial Relations has a significant role in developing effective and workable industrial relations in this state. In summary, the history of the NSW Department of Industrial Relations is as follows.

Year	Process
1892	The Department was first established under the name of the State Labour Bureau of NSW. It's function was to find work for the unemployed and ease the rapidly growing social problems of the time.
1895	The Bureau became a branch of the Department of Public Works. Its role was to supply labour and develop and construct government buildings.
1911	The Department of Labour and Industry was constituted to administer legislation relating to working conditions.
1979	The Department was renamed the Department of Industrial Relations and Technology.
1980	The Department was renamed the Department of Industrial Relations.
1986	The Department became known as the Department of Industrial Relations and Employment as a result of an amalgamation with the Ministry of Employment.
1990	The renamed Department of Industrial Relations, Employment, Training and Further Education reflected the focus on vocational education and training.
1995	Department of Industrial Relations.

Activity 1

Visit the NSW Department of Industrial Relations web site click on aims and objectives and answer the following question.
What is the mission of the Department of Industrial Relations?

Answer

As part of this mission the Department of Industrial Relations is responsible for working conditions, employment rights and obligations for employers and employees in NSW.

The main functions of the NSW Department of Industrial Relations (DIR) may be summarised as follows:

manage NSW employment legislation
make sure all provisions within awards are carried out
communicate with employers, employees and industrial organisations on all matters relating to conditions of employment
advise government on employment issues.

To enable the Department to function effectively it is divided into a number of sections. These sections are:

Workers Compensation Resolution Service which deals with workers compensation matters
Building and Construction Industry Long Service Payments Corporation that deals with financial matters associated with long service provisions.
Office of the Director-General
Legal Services which provides legal advice to the policy and operational areas of the DIR
Business Development and Support that is responsible for administration, information technology and employee services
Operations that provides industrial relations advice and assistance to employees and employers. The Operations section has two major sub sections:
- Workplace Reform which provides advice on industrial entitlements change
- Compliance which enforces industrial laws in NSW. Compliance deals with industrial complaints, disseminating information, prosecutions to ensure compliance with NSW's industrial laws
Policy and Equity which implements and promotes the NSW Government's industrial relations agenda
Workplace Services Division which coordinates the delivery of strategic industrial relations information services and advice
Business Development and Support Division.

The Industrial Relations Commission

The Industrial Relations Commission is part of the New South Wales Attorney General's Department. The Commission is established in a court session, and has the equivalent status to the Supreme Court. The Commission operates under the Industrial Relations Act 1996 and its role is through the legal system to:

resolve industrial disputes
establish working conditions
set wages and salaries through industrial awards
approve enterprise agreements
arbitrate claims of unfair dismissal.

Visit the web site for the Industrial Relations Commission at Industrial Relations Commission to read about its purpose and function.

Industrial Award

An industrial award is an agreement between employers and employees on the rights and obligations for all those involved in a specific type of work. It is most commonly negotiated by organisations representing employers and organisations representing employees (unions). These organisations either apply to the Commission to have an award prepared or develop an award through the resolution of an industrial dispute.

Activity 2

Visit the NSW Department of Industrial Relations web site click on awards and enterprise agreements and answer the following questions.
When an industrial award is made what does it usually deal with?

Answer

Enterprise agreement

An enterprise agreement is also an arrangement between employers and employees on the rights and obligations for all those involved in a specific type of work. It is also negotiated by employers and either organisations representing employees (unions) or employees themselves usually on a specific work site. Agreements may cover some or all of the employment conditions present in an award but they must also comply with NSW laws that provide employment rights and obligations.

Enterprise agreements must have the approval of the Industrial Relations Commission.

Activity 3

Visit the NSW Department of Industrial Relations web site and click on awards and enterprise agreement. Use the following table to show the difference between an award and an enterprise agreement.

An award is:	An enterprise agreement is:

The difference between an award and an enterprise agreement is that:

Download this table

Answer

Activity 4

Visit the Department of Industrial Relations web site. Click on a letter of the alphabet to locate information about an award in your focus area. For example "F" for Furniture Trade. Answer the following question.

For an industry related to your focus area determine the employment conditions from the specific award. Use the following table as a guide.

Condition	Implementation
wage rate
sick leave
first aid
annual leave
hours of work

Download this table

Answer

Further information on Australia's industrial relations may be found by reference to the web site of the International Reform Monitor .