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Writing a history of the NSW Industrial Relations Commission

By Greg Patmore

Read Jeff Shaw's review of the history of the Presidents of the Industrial Relations Commission of NSW 1902-1998.

In 2002 the Industrial Relations Commission of NSW celebrates its centenary. Its earliest predecessor, the NSW Court of Industrial Arbitration, held its first meeting on 16 May 1902.

Justice Wright, President of the Industrial Relations Commission of NSW, invited Greg Patmore (Project Co-ordinator), Lucy Taksa, John Shields, Andrew Frazer and Andrew Moore to participate in this project in the middle of last year. It is a biographical project that focuses on the first nine presidents of the Industrial Relations Commission and its predecessors, commencing with Henry Emanuel Cohen in 1902 and concluding with Judge Bill Fisher, who retired in 1998. These Presidents include Albert Piddington, George Beeby and Charles Heydon. Many of the Presidents had careers that impacted far beyond the Commission as well. The project includes an overview piece that covers the history of industrial arbitration in NSW.

The Industrial Relations Commission and its predecessors were primarily concerned with the conciliation and arbitration of industrial disputes. The Australasian model of conciliation and arbitration involved permanent state tribunals with the power to settle disputes and enforce their decisions. There were provisions for the registration of trade unions, which traditionally brought grievances to the tribunals of behalf of the workers for conciliation and then arbitration. Both unions and employers could unilaterally bring the other party before the tribunal. The NSW system adopted at various times elements of the Victorian wages board system, with wages boards or conciliation committees consisting of an equal number of employer and employee representatives, and a chairperson. The powers of the wages boards or conciliation committees relative the main NSW industrial tribunals have been a focus of debate and legislative changes.

The Industrial Relations Commission and its predecessors also performed a wide range of other functions. Since 1912 the relevant Minister has been able to refer a number of matters, not necessarily industrial, to the industrial tribunal for report. The Commission has undertaken inquiries into brick prices, chain stores, petrol station opening hours and rents. There have been major inquiries into impact of technological change in 1963 and apprenticeship in 1968. The Commission has had the power to set maximum prices and investigate monopolies.

While there is great deal of interest in the federal arbitration system, the NSW system covered more workers in the state and led the federal tribunal in a number of areas. In 1954 state awards covered 48.2 per cent of employees, while federal awards covered 41.7 per cent. By 1990 48.8 per cent of employees were covered by NSW awards, while only one quarter were subject to federal awards and the other quarter award free. The Commission regulates wages and conditions through common rule awards. These awards, unlike federal awards, bind all employers in an industry or occupation whether or not they were involved in the making of the award. The lengthy periods of Labor Party Government in NSW provided a favourable environment for progressive industrial legislation. State legislation led the way in Australia on the 40-hour week, long service leave, equal pay for women and job security. The state tribunal also led the federal tribunal on concepts such as the living wage and more recently issues such as family care leave for same sex couples and equal remuneration irrespective of gender. Currently, the NSW Commission covers a broader range of issues than the federal tribunal and in recent decisions has highlighted issues such as human rights at work and comparable worth.

The book is due for release in 2003 through Federation Press.

Greg Patmore is Head of Work and Organisational Studies and Director of the Labour History Research Group. His main research interests are labour history, comparative labour history employee representation and the impact of industrialisation and deindustrialisation on regional economies. For more details of his research interests and publications see his WOS staff page.

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