CDP Supports Non-operative Awards Amendment

Sunday, 13th November 2011

The Rev Hon Fred Nile MLC, Leader of the Christian Democratic Party, has supported the Industrial Relations Amendment (Non-operative Awards) Bill 2011 and provided clarity for Green party members as to the application of the legislation.

"The Christian Democratic Party supports the Industrial Relations Amendment (Non-operative Awards) Bill 2011. The bill amends the Industrial Relations Act 1996 to restore the power of the Industrial Relations Commission of New South Wales to rescind awards that do not have any current application to any employer or employee, and provides that any award that has already been declared non-operative by the commission is rescinded", said Rev Fred Nile.

"As members know, as a result of the establishment of the national workplace relations system the vast majority of New South Wales private sector State awards no longer apply to any employer or employee. Mr David Shoebridge asked a question as to whether the non-operative awards have to be rescinded by the commission and what would happen if the commission did not rescind them. At schedule 1 [12] under "Certain awards taken to have been rescinded" the bill reads:

(1) All awards that were declared to be non-operative awards under this Act before the commencement of the Industrial Relations Amendment (Non-operative Awards) Act 2011 are taken to have been rescinded on the commencement of this clause by the Commission in accordance with section 20 (2).

That implies that the commission does not have to take any action; it is automatic on the passage of the legislation. The Christian Democratic Party supports the bill", Rev Nile stated.