|Function||Industrial Relations||Subject||Appeals (Decisions)|
The Industrial Relations Amendment (Public Sector Appeals) Act 2010 amends the Industrial Relations Act 1996 (IR Act) by inserting a new Part 7 in the IR Act for the review of decisions concerning the promotion and discipline of public sector employees. This means the functions of GREAT are transferred to the NSW IRC and the Government and Related Employees Appeal Tribunal Act 1980 is repealed.
The provisions of Part 7 of the IR Act are very similar to those provisions under the GREAT Act.
Promotion appeals are still to be heard informally, subject to the rules of the NSW IRC and any practice notes. The NSW IRC will endeavour to settle disciplinary appeals by conciliation.
Public sector employees will still be able to choose to exercise their appeal rights in unfair dismissals under either Part 6 or Part 7 of the IR Act.
The amendments to the Transport Appeal Boards Act 1980 provides for the President of the NSW IRC to review decisions concerning the promotion and discipline of officers and employees of the State Transit Authority, Sydney Ferries, the Roads and Traffic Authority and RailCorp. In practice this power will be delegated by the President to other members of the NSW IRC.
All TAB disciplinary matters are to be conciliated informally in the first instance.
The NSW IRC has also been granted jurisdiction under section 186 of the Police Act 1990 to consider appeals relating to leave when a police officer is hurt on duty.
Matters already lodged with GREAT or TAB but not heard will be taken to have been lodged, and will be heard under the new arrangements.
The President of the NSW IRC will give directions regarding continuing any part-heard matter including the replacement of a member of the former appeal body with a member of the IRC.
The tripartite panel system of the Tribunals is replaced with the use of expert witnesses. Appeals against decisions relating to GREAT and TAB matters are to be heard by the Full Bench of the Industrial Court rather than the Court of Appeal.
The GREAT and TAB registries are already located in the premises of the NSW IRC.
The President, NSW IRC has created two new Industry Specific Panels within the Commission to be known as the Transport Appeal Boards Panel (the TAB Panel) and the Public Sector Appeal Panel (the PSA Panel) for the purpose of dealing with these matters. His Honour Deputy President Grayson will be the head of the TAB Panel and his Honour Justice Staff will be the head of the PSA Panel and they will have principal responsibility for ensuring the efficient and effective operation of matters listed before the Panels.
THE NSW IRC has also developed approved forms, practice notes and other information for various appeals matters and these may be accessed at:
Which agencies does this Circular apply to?
All public sector agencies. This includes all agencies and employees in the Government Service (Public Service Departments, Non-Public Service Divisions and Special Employment Divisions), the Teaching Service, NSW Police and the NSW Health Service.
Who needs to know about this Circular?
Human Resources, Personnel, Employee Relations.
Client Services, Public Sector Workforce 9228 4444 firstname.lastname@example.org.
Industrial Relations Unit, Public Sector Workforce in the Department of Premier and Cabinet
Suzanne Ashby – 9228-3593 email@example.com
7 July 2010