The New South Wales Industrial Relations System: 1998 to the Workplace Relations Amendment (work

This paper intends to discuss in some detail the implications of the Workplace Relations Amendment (Work Choices) Act 2005 (Cth) (‘WorkChoices Act’) for industrial relations in New South Wales. The scope of this work does not permit – nor would it be appropriate to include – an examination of the extent to which the WorkChoices Act may invalidate or render inoperative New South Wales industrial laws. However, it is possible to undertake a comparison of the respective federal and state industrial laws with a view to exploring, in a preliminary way, the nature of the federal reforms and the reasons why they may have attracted controversy. I say preliminary, as the changes to the federal scheme are so profound and the legislation so complex (including, as I have noted, a pending challenge to its validity) that this review must necessarily be limited. Thus this discussion focuses on some important issues and potential implications for employers and employees who will ultimately fall within the purview of the Act. Further, the passing of time since the delivery of the speech on which this paper is based1 has also allowed for a discussion of some recent developments in the jurisprudence of the NSW Industrial Relations Commission and other courts in relation to industrial and occupational health and safety laws.