{"id":"nsw:act-1946-044","name":"Coal Industry (Industrial Matters) Act 1946","slug":"coal-industry-industrial-matters-act-1946","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"44 of 1946","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111389,"registerId":"nsw-act-1946-044-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act and construction","content":"#### 1 Name of Act and construction\n\n1 Name of Act and construction\n\n> > (1) This Act may be cited as the [Coal Industry (Industrial Matters) Act 1946](/view/html/inforce/current/act-1946-044).\n> \n> > (2) This Act shall be read and construed subject to the Commonwealth of Australia Constitution Act, and so as not to exceed the legislative power of the State, to the intent that where any provision of this Act, or the application thereof to any person or circumstance is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances shall not be affected.\n> \n> **s 1:** Am 2001 No 107, Sch 6 \\[1\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":null,"content":"#### 2\n\n2 (Repealed)","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Commencement","content":"#### 3 Commencement\n\n3 Commencement\n\n> The several Parts and sections of this Act shall come into operation on such dates as are respectively fixed by the Governor by proclamation published in the Gazette.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n4 Interpretation\n\n> > (1) In this Act, unless the contrary intention appears:\n> > \n> > Australian Commission means the Australian Industrial Relations Commission.\n> > \n> > coal mining industry includes the shale mining industry.\n> > \n> > Commonwealth Industrial Relations Act means the [Industrial Relations Act 1988](http://www.legislation.gov.au/) of the Commonwealth, and includes any rules of court or regulations in force under that Act.\n> \n> > (2) (Repealed)\n> \n> **s 4:** Am 1951 No 47, sec 4 (a); 1979 No 156, Sch 2 (1); 1992 No 50, Sch 1 (1), Sch 2 (3), Sch 3 (1), Sch 4 (2), Sch 5 (1); 1995 No 19, Sch 1 (1) (2); 2001 No 107, Sch 6 \\[2\\].","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":null,"content":"# Part 2\n\nParts 2–7\n\n5–54A (Repealed)\n\n**pt 2:** Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 5:** Am 1979 No 156, Sch 2 (2); 1992 No 50, Sch 1 (2). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 6:** Subst 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 7:** Subst 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 8:** Am 1979 No 156, sec 5, Sch 2 (3). Subst 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 9:** Subst 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 10:** Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 11:** Am 1979 No 156, Sch 2 (4). Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 12:** Am 1979 No 156, Sch 2 (5); 1982 No 69, Sch 2. Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 13:** Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 14:** Am 1960 No 22, sec 2; 1979 No 156, Sch 2 (6). Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 15:** Am 1979 No 156, Sch 2 (7). Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 16:** Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 17:** Am 1979 No 156, Sch 2 (8). Rep 1992 No 50, Sch 2 (5). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**ss 18–20:** Rep 1992 No 50, Sch 2 (5). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 21:** Am 1979 No 156, Sch 2 (9). Rep 1992 No 50, Sch 2 (5). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 22:** Am 1979 No 156, Sch 2 (10). Rep 1992 No 50, Sch 2 (5). Ins 1992 No 50, Sch 1 (3). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**pt 3:** Rep 1992 No 50, Sch 2 (4). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**pt 4:** Rep 1992 No 50, Sch 2 (5).\n\n**pt 5:** Rep 1992 No 50, Sch 2 (6).\n\n**s 23:** Rep 1992 No 50, Sch 2 (6). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 24:** Rep 1992 No 50, Sch 2 (6). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 25:** Am 1979 No 156, Sch 2 (11). Rep 1992 No 50, Sch 2 (6). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 26:** Am 1979 No 156, Sch 2 (12). Rep 1992 No 50, Sch 2 (6). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 27:** Am 1979 No 156, Sch 2 (13). Rep 1992 No 50, Sch 2 (6). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 28:** Am 1965 No 8, sec 2 (1) (a). Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 29:** Am 1979 No 156, Sch 2 (14). Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 30:** Am 1979 No 156, Sch 2 (15). Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 31:** Am 1965 No 8, sec 2 (1) (b); 1979 No 156, Sch 2 (16). Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 32:** Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 33:** Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 34:** Am 1979 No 156, Sch 2 (17). Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 35:** Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 2 (4). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**pt 6:** Rep 1992 No 50, Sch 3 (2). Ins 1992 No 50, Sch 3 (2). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**ss 35A–35C:** Ins 1992 No 50, Sch 3 (2). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 35D:** Ins 1992 No 50, Sch 3 (2). Rep 1992 No 111, Sch 1.\n\n**s 35E:** Ins 1992 No 50, Sch 3 (2). Am 1992 No 111, Sch 1. Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 35F:** Ins 1992 No 50, Sch 3 (2). Am 1992 No 111, Sch 1. Rep 2001 No 107, Sch 6 \\[3\\].\n\n**ss 35G–35J:** Ins 1992 No 50, Sch 3 (2). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**s 35K:** Ins 1992 No 50, Sch 3 (2). Rep 1992 No 111, Sch 1.\n\n**s 35L:** Ins 1992 No 50, Sch 3 (2). Rep 2001 No 107, Sch 6 \\[3\\].\n\n**pt 7:** Rep 1995 No 19, Sch 1 (3).\n\n**s 36:** Am 1951 No 47, sec 4 (b); 1979 No 156, Schs 1 (1), 3 (1); 1992 No 50, Sch 5 (2). Rep 1995 No 19, Sch 1 (3).\n\n**s 37:** Am 1979 No 156, Schs 1 (2), 3 (2). Rep 1995 No 19, Sch 1 (3).\n\n**s 37A:** Ins 1979 No 156, Sch 1 (3). Rep 1995 No 19, Sch 1 (3).\n\n**s 38:** Rep 1995 No 19, Sch 1 (3).\n\n**s 38A:** Ins 1951 No 47, sec 4 (c). Rep 1995 No 19, Sch 1 (3).\n\n**s 39:** Subst 1951 No 47, sec 4 (d). Am 1979 No 156, Sch 3 (3); 1992 No 50, Sch 4 (3). Rep 1995 No 19, Sch 1 (3).\n\n**s 40:** Am 1951 No 47, sec 4 (e); 1979 No 156, Sch 3 (4); 1992 No 50, Sch 4 (4), Sch 5 (3). Rep 1995 No 19, Sch 1 (3).\n\n**s 41:** Am 1951 No 47, sec 4 (f); 1979 No 156, Sch 3 (5). Rep 1995 No 19, Sch 1 (3).\n\n**s 42:** Am 1992 No 50, Sch 5 (4). Rep 1995 No 19, Sch 1 (3).\n\n**s 43:** Am 1979 No 156, Sch 3 (6); 1992 No 50, Sch 4 (5); 1992 No 111, Sch 1. Rep 1995 No 19, Sch 1 (3).\n\n**s 43A:** Ins 1951 No 47, sec 4 (g). Am 1979 No 156, Sch 3 (7); 1992 No 50, Sch 4 (6). Rep 1995 No 19, Sch 1 (3).\n\n**s 44:** Am 1951 No 47, sec 4 (h); 1979 No 156, Sch 3 (8); 1992 No 50, Sch 4 (7). Rep 1995 No 19, Sch 1 (3).\n\n**s 45:** Am 1951 No 47, sec 4 (i); 1979 No 156, Sch 3 (9). Rep 1995 No 19, Sch 1 (3).\n\n**s 46:** Subst 1992 No 111, Sch 1. Rep 1995 No 19, Sch 1 (3).\n\n**s 46A:** Ins 1992 No 111, Sch 1. Rep 1995 No 19, Sch 1 (3).\n\n**s 46B:** Ins 1992 No 111, Sch 1. Rep 1995 No 19, Sch 1 (3).\n\n**s 47:** Subst 1951 No 47, sec 4 (j). Am 1979 No 156, Sch 3 (10). Rep 1995 No 19, Sch 1 (3).\n\n**s 48:** Am 1951 No 47, sec 4 (k). Rep 1992 No 50, Sch 4 (8).\n\n**s 49:** Am 1951 No 47, sec 4 (l). Rep 1992 No 50, Sch 4 (9).\n\n**s 50:** Rep 1995 No 19, Sch 1 (3).\n\n**s 51:** Am 1979 No 156, Sch 3 (11). Rep 1995 No 19, Sch 1 (3).\n\n**s 52:** Am 1979 No 156, Sch 3 (12). Rep 1995 No 19, Sch 1 (3).\n\n**s 53:** Rep 1995 No 19, Sch 1 (3).\n\n**s 54:** Am 1951 No 47, sec 4 (m). Rep 1992 No 50, Sch 4 (10).\n\n**s 54A:** Ins 1951 No 47, sec 4 (n). Am 1971 No 33, sec 2 (a); 1979 No 156, Sch 3 (13); 1993 No 47, Sch 1. Rep 1995 No 19, Sch 1 (3).","sortOrder":6},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Industrial matters","content":"# Part 7A Industrial matters\n\nPart 7A Industrial matters\n\n**pt 7A (ss 54B–54D):** Ins 1995 No 19, Sch 1 (4).","sortOrder":7},{"sectionNumber":"54B","sectionType":"section","heading":"Application of Commonwealth Industrial Relations Act to coal mining industry in the State","content":"#### 54B Application of Commonwealth Industrial Relations Act to coal mining industry in the State\n\n54B Application of Commonwealth Industrial Relations Act to coal mining industry in the State\n\n> > (1) Application of Commonwealth Industrial Relations Act The provisions of the Commonwealth Industrial Relations Act, as in force for the time being, and as modified by or under this Act, apply as a law of the State for the purpose of enabling the Australian Commission to perform functions or exercise powers with respect to matters pertaining to the relationship between employers in the coal mining industry in the State and their employees. Those provisions so apply as if the Commonwealth Industrial Relations Act extends to disputes in the State that do not extend beyond the limits of the State.\n> \n> > (2) Functions and powers The Australian Commission may accordingly perform functions and exercise powers under those provisions with respect to those matters, whether or not there is a dispute extending beyond the limits of the State.\n> \n> > (3) Interpretation of Commonwealth Act The [Acts Interpretation Act 1901](http://www.legislation.gov.au/) of the Commonwealth, as in force for the time being, applies as a law of the State in relation to provisions applied by subsection (1), and so applies as if those provisions were respectively an Act of the Commonwealth or rules of court or regulations under such an Act, as the case requires.\n> \n> > (4) Non-application of State Interpretation Act The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) does not apply in relation to the provisions applied by subsection (1).\n> \n> > (5) Modification of Commonwealth Act The regulations may modify the provisions of the Commonwealth Industrial Relations Act for the purposes of this section.\n> \n> **pt 7A (ss 54B–54D):** Ins 1995 No 19, Sch 1 (4).","sortOrder":8},{"sectionNumber":"54C","sectionType":"section","heading":"State awards and orders","content":"#### 54C State awards and orders\n\n54C State awards and orders\n\n> > (1) Functions and powers of State tribunals Nothing in this Act affects the functions or powers of any State tribunal in relation to the coal mining industry, except as provided by subsection (2).\n> \n> > (2) Federal awards prevail No award or order of a State tribunal that has application in the coal mining industry (whether it was made before or after the commencement of this section) has effect to the extent that it is inconsistent with a federal award that has application in the coal mining industry.\n> \n> > (3) Definitions In this section:\n> > \n> > federal award means:\n> > \n> > > (a) an award of the Australian Commission to the extent that it is made under the provisions of the Commonwealth Industrial Relations Act (as applying under section 54B), or\n> > \n> > > (b) an award referred to in clause 11 of Schedule 1 that is taken to have been made by the Australian Commission under those provisions.\n> > \n> > State tribunal includes a State court.\n> \n> **pt 7A (ss 54B–54D):** Ins 1995 No 19, Sch 1 (4).","sortOrder":9},{"sectionNumber":"54D","sectionType":"section","heading":"Industrial Relations Court of Australia","content":"#### 54D Industrial Relations Court of Australia\n\n54D Industrial Relations Court of Australia\n\n> The provisions of the Commonwealth Industrial Relations Act that apply under section 54B also apply for the purpose of enabling the Industrial Relations Court of Australia to perform functions or exercise powers with respect to matters pertaining to the relationship between employers in the coal mining industry in the State and their employees, in connection with federal awards as defined in section 54C. Jurisdiction to perform those functions and exercise those powers is conferred on that court accordingly.\n> \n> **pt 7A (ss 54B–54D):** Ins 1995 No 19, Sch 1 (4).","sortOrder":10},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"# Part 8 Miscellaneous\n\nPart 8 Miscellaneous\n\n**pt 8:** Rep 1992 No 50, Sch 4 (11). Ins 1992 No 50, Sch 4 (11).\n\n**pt 8, div 1, hdg:** Ins 1992 No 50, Sch 4 (11). Rep 2001 No 107, Sch 6 \\[4\\].","sortOrder":11},{"sectionNumber":"55","sectionType":"section","heading":null,"content":"#### 55\n\n55–58 (Repealed)","sortOrder":12},{"sectionNumber":"59","sectionType":"section","heading":null,"content":"#### 59\n\n59–62 (Repealed)","sortOrder":14},{"sectionNumber":"63","sectionType":"section","heading":"Regulations","content":"#### 63 Regulations\n\n63 Regulations\n\n> > (1) The Governor may, on the recommendation of the State Minister with the agreement of the Commonwealth Minister, make regulations prescribing all matters:\n> > \n> > > (a) required or permitted by this Act to be prescribed, or\n> > \n> > > (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.\n> \n> **s 63:** Ins 1992 No 50, Sch 4 (11). Am 1993 No 47, Sch 1.","sortOrder":16},{"sectionNumber":"64","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 64 Savings and transitional provisions\n\n64 Savings and transitional provisions\n\n> Schedule 1 has effect.\n> \n> **s 64:** Ins 1992 No 50, Sch 4 (11).","sortOrder":17},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 1 Savings and transitional provisions\n\nSchedule 1 Savings and transitional provisions\n\n(Section 64)\n\n**sch 1:** Ins 1992 No 50, Sch 4 (11). Am 1995 No 19, Sch 1 (5)–(9); 2001 No 107, Sch 6 \\[5\\] \\[6\\].","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Provisions consequent on enactment of Coal Industry Amendment Act 1995","content":"# Part 3 Provisions consequent on enactment of Coal Industry Amendment Act 1995\n\nPart 3 Provisions consequent on enactment of [Coal Industry Amendment Act 1995](/view/pdf/asmade/act-1995-19)","sortOrder":22},{"sectionNumber":"11","sectionType":"section","heading":"Existing awards, orders, decisions and agreements made under this Act","content":"#### 11 Existing awards, orders, decisions and agreements made under this Act\n\n11 Existing awards, orders, decisions and agreements made under this Act\n\n> > (1) Definition of instrument A reference in this clause to an instrument is a reference to:\n> > \n> > > (a) an award or order made by the Coal Industry Tribunal, or\n> > \n> > > (b) a decision given by a Local Coal Authority, or\n> > \n> > > (c) an agreement made at a hearing before the Coal Industry Tribunal or a Local Coal Authority, or\n> > \n> > > (d) an agreement made under a provision of an award made by the Coal Industry Tribunal,\n> > \n> > that had effect immediately before the commencement of this clause.\n> \n> > (2) Existing instruments to become awards of Commission An instrument, to the extent to which it relates to matters pertaining to the relationship between employers in the coal mining industry in the State and their employees, has effect as, and is taken to be, an award made by the Australian Commission under the provisions of the Commonwealth Industrial Relations Act (as applying under section 54B).\n> \n> > (3) References to Tribunal or Authority in existing instruments A reference in an instrument referred to in subclause (2) to the Coal Industry Tribunal or to a Local Coal Authority is taken (except in relation to matters that occurred before the commencement of this clause) to be a reference to the Australian Commission.\n> \n> > (4) Determinations and other things under existing instruments A determination made or any other thing done before the commencement of this clause by the Coal Industry Tribunal or a Local Coal Authority under an instrument referred to in subclause (2) has effect on and after that commencement as if it had been made or done by the Australian Commission.\n> \n> > (5) Coverage of awards Without limiting the operation of the other provisions of this clause, an instrument that is taken to be an award made by the Australian Commission under this clause is varied, with effect from the end of the day immediately preceding the commencement of this clause, so that the instrument is to be read as naming as parties or respondents to the instrument all persons or organisations that were within its coverage immediately before that commencement. The award is taken to be binding on those persons or organisations, as if they were parties referred to in section 149 (1) of the Commonwealth Industrial Relations Act (as applied by section 54B), regardless of whether or not they or any of them were or were required to be registered under that Act.\n> \n> > (6) Application of clause This clause applies to an instrument only to the extent to which it was made under powers conferred by State legislation.","sortOrder":23},{"sectionNumber":"12","sectionType":"section","heading":"Matters pending before Coal Industry Tribunal or Local Coal Authority","content":"#### 12 Matters pending before Coal Industry Tribunal or Local Coal Authority\n\n12 Matters pending before Coal Industry Tribunal or Local Coal Authority\n\n> > (1) Pending matters before Tribunal or Authority become matters before Australian Commission A matter pending before the Coal Industry Tribunal or a Local Coal Authority immediately before the commencement of this clause, to the extent to which it relates to matters pertaining to the relationship between employers in the coal mining industry in the State and their employees, is taken to be a matter before the Australian Commission under the provisions of the Commonwealth Industrial Relations Act (as applying under section 54B). The Australian Commission may deal with the matter as if it had been before the Australian Commission since it arose.\n> \n> > (2) Extent of operation of subclause (1) Subclause (1) applies only to the extent to which:\n> > \n> > > (a) the matter was notified to the Coal Industry Tribunal or the Local Coal Authority for the purpose of the performance or exercise by the Tribunal or Authority of, or\n> > \n> > > (b) the Tribunal or Authority was performing or exercising,\n> > \n> > functions or powers in relation to the matter conferred by State legislation.\n> \n> > (3) Previous evidence, arguments, decisions and other matters For the purpose of dealing with a matter under subclause (1), the Australian Commission may have regard to:\n> > \n> > > (a) any evidence given, or arguments put, in proceedings relating to the matter before the Coal Industry Tribunal or the Local Coal Authority, and\n> > \n> > > (b) any decision, recommendation, determination or report made by the Tribunal or Authority in relation to the matter.","sortOrder":24}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The Act was previously named the 'Coal Industry Act 1946', a broader title suggesting it may have originally covered a wider range of matters relating to the coal industry (such as mining operations, safety, or production). The rename to 'Coal Industry (Industrial Matters) Act 1946' — effective from the 2002 version — indicates the scope was narrowed or clarified to focus specifically on industrial/workplace relations matters within the coal industry, suggesting other subject matter may have been moved to separate legislation."},"complexity_factors":["No substantive legislative text was provided — only metadata and navigation elements are present, making meaningful complexity assessment impossible","The Act is from 1946 and has had very few amendments, suggesting a relatively stable and potentially narrow scope","Industrial relations legislation in specialised industries can involve complex interplay between state and federal workplace laws, but this cannot be assessed without the actual provisions","The rename from 'Coal Industry Act 1946' to 'Coal Industry (Industrial Matters) Act 1946' suggests a scoping clarification, implying the law may have been narrowed or restructured at some point"],"plain_english_summary":"The Coal Industry (Industrial Matters) Act 1946 is a New South Wales law governing workplace relations, employment conditions and industrial disputes specifically within the NSW coal industry. It affects coal miners, employers, unions and industrial tribunals, creating a dedicated legal framework for a historically dispute-prone sector."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act was amended (notably by the 1995 insertion of Part 7A) to shift industrial jurisdiction over coal‑mining employment matters from State tribunals to federal institutions by applying the Commonwealth Industrial Relations Act within the State (ss 54B–54D). Schedule 1 (cl 11–12) converts existing State instruments and pending matters into federal awards and limits State tribunal effect where inconsistent (s 54C). Regulatory modification power (s 54B(5)) further alters practical scope."},"complexity_factors":["Interplay between Commonwealth and State law requiring federal provisions to operate as a law of the State (s 54B(1))","Transfer and conversion of existing State awards, orders and pending matters into federal awards (Schedule 1, cl 11–12)","Priority rule where federal awards prevail over inconsistent State tribunal awards (s 54C(2))","Regulatory power to modify application of the Commonwealth Act to the State (s 54B(5) and s 63)","Different interpretive regimes applied/excluded (s 54B(3)–(4)) creating potential statutory interpretation complexity","Extensive historical amendments and repeals across the Act that change scope and create cross-references to external Acts"],"plain_english_summary":"**What it changes:** This Act applies the Commonwealth Industrial Relations Act (as modified) to employer–employee relationships in the State's coal mining industry, giving the Australian Industrial Relations Commission and the Industrial Relations Court jurisdiction to decide such matters (ss 54B, 54D). **Who it affects and why it matters:** Federal awards override inconsistent State awards; existing State coal awards and pending matters are converted into federal awards before the Commission, and regulations may modify that application (s 54C; sch 1 cl 11–12; s 54B(5))."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has transformed dramatically from its original purpose. Initially enacted in 1946 as a comprehensive state-based industrial relations regime for the coal industry (establishing the Coal Industry Tribunal, Local Coal Authorities, and detailed regulatory frameworks), it has been progressively hollowed out. The 1995 amendments (and subsequent 2001 amendments) abolished the state tribunals and most substantive provisions, converting the Act into a 'referral' or 'application' statute that simply channels federal industrial relations law into the state system. The scope shifted from active state regulation to passive incorporation of Commonwealth law, effectively surrendering state control over coal industry industrial relations to federal institutions."},"complexity_factors":["Extensive repeals: The vast majority of the original Act (Parts 2-7, sections 5-54A) has been repealed, leaving only a skeletal framework","Cross-referencing to external legislation: The Act's operative provisions (ss 54B-54D) depend entirely on importing and modifying the Commonwealth Industrial Relations Act 1988, requiring readers to consult two statutes simultaneously","Mirror legislation mechanism: Section 54B creates a complex 'application of law' structure where Commonwealth provisions apply 'as a law of the State' with modifications","Transitional provisions: Schedule 1 contains detailed rules for converting pre-existing state instruments (awards, orders, agreements) into federal awards and transferring pending matters from abolished tribunals to the Australian Commission","Dual-ministerial regulation-making: Section 63 requires regulations to be made on the recommendation of the State Minister with the agreement of the Commonwealth Minister, creating a conditional legislative process"],"plain_english_summary":"This Act is essentially a **shell law** that now does very little on its own. Originally passed in 1946 to regulate industrial relations in the NSW coal mining industry, it has been stripped back over decades of amendments. Today, its main purpose is to **'borrow' the Commonwealth's industrial relations laws** and apply them to the coal mining industry in New South Wales.\n\n**What it actually does now:**\n\n*   **Imports federal law:** It takes the Commonwealth *Industrial Relations Act 1988* (and related rules) and applies them as if they were NSW law, but only for the coal mining industry.\n*   **Gives power to federal bodies:** It allows the Australian Industrial Relations Commission (the 'Australian Commission') and the Industrial Relations Court of Australia to handle disputes, make awards (legally binding decisions about wages and conditions), and resolve industrial matters between coal employers and their employees in NSW.\n*   **Federal awards win:** If there's a conflict between a NSW state industrial decision and a federal award, the federal award prevails.\n*   **Historical cleanup:** It contains transitional rules to convert old decisions made by the now-abolished Coal Industry Tribunal and Local Coal Authorities into federal awards.\n\n**Who it affects:**\n\n*   Employers and employees in the NSW coal mining industry (which, for this Act, also includes shale mining).\n*   The Australian Industrial Relations Commission and the Industrial Relations Court of Australia, which gain jurisdiction over these workers.\n\n**Why it matters:**\n\nThis Act solves a constitutional problem. The Australian Constitution limits when the federal government can regulate industrial relations inside a single state. By 'referring' or applying federal law through this state Act, NSW ensures that coal miners are covered by a consistent national industrial relations system rather than a separate state-based one. It's a legal bridge that keeps the coal industry under federal industrial rules even when disputes don't cross state borders."}},"importantCases":[],"_links":{"self":"/api/acts/coal-industry-industrial-matters-act-1946","history":"/api/acts/coal-industry-industrial-matters-act-1946/history","analysis":"/api/acts/coal-industry-industrial-matters-act-1946/analysis","conflicts":"/api/acts/coal-industry-industrial-matters-act-1946/conflicts","importantCases":"/api/acts/coal-industry-industrial-matters-act-1946/important-cases","documents":"/api/acts/coal-industry-industrial-matters-act-1946/documents"}}