{"id":"nsw:sl-2020-0509","name":"Industrial Relations (General) Regulation 2020","slug":"industrial-relations-general-regulation-2020","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"509 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176430,"registerId":"nsw-nsw:sl-2020-0509-current","compilationNumber":null,"startDate":"2026-04-05","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 Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Industrial Relations (General) Regulation 2020](/view/html/inforce/current/sl-2020-0509).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2020 and is required to be published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation replaces the [Industrial Relations (General) Regulation 2015](/view/html/repealed/current/sl-2015-0458), which is repealed on 1 September 2020 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > corporation has the same meaning as in section 57A of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > hearing allocation fee means a fee for allocating a date for the hearing of proceedings.\n> > \n> > hearing fee means a fee for the hearing of proceedings.\n> > \n> > prescribed records—see clause 8(a).\n> > \n> > the 1991 Act means the [Industrial Relations Act 1991](/view/pdf/asmade/act-1991-34) (as repealed by the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017)).\n> > \n> > the Act means the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation (other than in Schedule 1) do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Enterprise agreements","content":"# Part 2 Enterprise agreements\n\nPart 2 Enterprise agreements","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Notification of proposed enterprise agreement to which employees are parties","content":"#### 4 Notification of proposed enterprise agreement to which employees are parties\n\n4 Notification of proposed enterprise agreement to which employees are parties\n\n> For the purposes of section 36(3) of the Act, the Industrial Registrar must advise each of the following persons of a proposed enterprise agreement under which employees are a party that is notified to the Industrial Registrar—\n> \n> > (a) the secretary or chief executive of each State peak council,\n> \n> > (b) the secretary or chief executive of any industrial organisation that is a party to an award or enterprise agreement that then applies to the employees for whom the proposed enterprise agreement is to be made.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Unfair dismissals","content":"# Part 3 Unfair dismissals\n\nPart 3 Unfair dismissals","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Exemptions from unfair dismissal provisions—maximum annual remuneration of employees for whom employment conditions not set by industrial instrument","content":"#### 5 Exemptions from unfair dismissal provisions—maximum annual remuneration of employees for whom employment conditions not set by industrial instrument\n\n5 Exemptions from unfair dismissal provisions—maximum annual remuneration of employees for whom employment conditions not set by industrial instrument\n\n> > (1) For the purposes of section 83(1)(b) of the Act, the amount prescribed is the amount calculated in accordance with regulation 2.13 of Chapter 2 of the [Fair Work Regulations 2009](http://www.legislation.gov.au/) of the Commonwealth from time to time.\n> \n> > (2) A change in the amount prescribed in accordance with subclause (1) applies to dismissals occurring on or after the date on which the change occurs, whether the contracts of employment concerned were entered into before or after that date.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Other exemptions from unfair dismissal provisions","content":"#### 6 Other exemptions from unfair dismissal provisions\n\n6 Other exemptions from unfair dismissal provisions\n\n> > (1) For the purposes of section 83(2) of the Act, the following classes of employees are exempted from Part 6 of Chapter 2 of the Act—\n> > \n> > > (a) employees engaged under a contract of employment for a specified period of less than 6 months,\n> > \n> > > (b) employees engaged under a contract of employment for a specific task,\n> > \n> > > (c) employees serving a period of probation or qualifying period if—\n> > > \n> > > > (i) the period, or the maximum duration of the period, is determined in advance, and\n> > > \n> > > > (ii) the period, or the maximum duration of the period, is either—\n> > > > \n> > > > > (A) 3 months or less, or\n> > > > \n> > > > > (B) if the period, or the maximum duration, is more than 3 months—reasonable, having regard to the nature and circumstances of the employment,\n> > \n> > > (d) employees engaged on a casual basis for a short period except employees who—\n> > > \n> > > > (i) are engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 6 months, and\n> > > \n> > > > (ii) would, but for the dismissal, have had a reasonable expectation of continuing employment with the employer.\n> \n> > (2) This clause applies only with respect to dismissals under contracts of employment entered into on or after 1 October 1997.","sortOrder":8},{"sectionNumber":"Part 4","sectionType":"part","heading":"Pay slips and employers’ records","content":"# Part 4 Pay slips and employers’ records\n\nPart 4 Pay slips and employers’ records","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"Pay slips","content":"## Division 1 Pay slips\n\nDivision 1 Pay slips","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Particulars of remuneration to be supplied to employees","content":"#### 7 Particulars of remuneration to be supplied to employees\n\n7 Particulars of remuneration to be supplied to employees\n\n> For the purposes of section 123(1) of the Act, the following written particulars must be supplied by the employer to an employee when remuneration is paid to the employee—\n> \n> > (a) the name and Australian Business Number of the employer,\n> \n> > (b) the name of the employee,\n> \n> > (c) if the remuneration of the employee is set by an industrial instrument—the classification of the employee under the instrument,\n> \n> > (d) the date the payment was made,\n> \n> > (e) the period of employment to which the payment relates,\n> \n> > (f) the gross amount of remuneration, including overtime and other payments,\n> \n> > (g) the amount paid as overtime, or adequate other information that enables the employee to calculate the amount paid as overtime,\n> \n> > (h) the amount deducted for taxation purposes,\n> \n> > (i) the amount deducted as employee contributions for superannuation purposes,\n> \n> > (j) the particulars of all other deductions,\n> \n> > (k) the net amount paid.\n> \n> Note.\n> \n> Section 123 of the Act provides that a failure by the employer to provide the above particulars is an offence punishable by a maximum penalty of 20 penalty units. The section enables an employer, with the approval of the Industrial Registrar, to make different arrangements for the supply of information about remuneration.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Employers’ records","content":"## Division 2 Employers’ records\n\nDivision 2 Employers’ records","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Application","content":"#### 8 Application\n\n8 Application\n\n> This Division prescribes, for the purposes of section 129 of the Act—\n> \n> > (a) the daily records (the prescribed records) that an employer must keep in relation to employees of the employer, in addition to the records of remuneration paid and hours worked by employees required by section 129(1)(a) of the Act, and\n> \n> > (b) the way in which the prescribed records must be kept, and\n> \n> > (c) matters for or with respect to the transfer of prescribed records, or copies of prescribed records, to the successor of an employer.\n> \n> Note.\n> \n> Section 129 of the Act provides that—\n> \n> > (a) the Industrial Registrar may approve of different requirements for the manner and form of keeping the records than those prescribed by this Division, and\n> \n> > (b) the employer must keep the records for a period of at least 6 years, and\n> \n> > (c) a contravention of section 129 of the Act or this Division is an offence punishable by a maximum penalty of 20 penalty units.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Content of records—general","content":"#### 9 Content of records—general\n\n9 Content of records—general\n\n> The prescribed records relating to an employee must contain the following particulars—\n> \n> > (a) the name of the employer,\n> \n> > (b) the Australian Business Number of the employer,\n> \n> > (c) the name of the employee,\n> \n> > (d) if any conditions of employment of the employee are set by an industrial instrument—the classification of the employee under the instrument,\n> \n> > (e) if the employee is employed full-time or part-time,\n> \n> > (f) if the employee is employed on a permanent, temporary or casual basis,\n> \n> > (g) if the employee is an apprentice or trainee within the meaning of the [Apprenticeship and Traineeship Act 2001](/view/html/inforce/current/act-2001-080)—the date the person became an apprentice or trainee,\n> \n> > (h) the date the employee was first employed with the employer,\n> \n> > (i) if the employee’s employment is terminated—the date of termination.","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Content of records—remuneration and hours worked","content":"#### 10 Content of records—remuneration and hours worked\n\n10 Content of records—remuneration and hours worked\n\n> > (1) The prescribed records relating to an employee must contain the following particulars about the remuneration paid and hours worked by the employee—\n> > \n> > > (a) if the industrial instrument that applies to the employee prescribes the number of hours to be worked per week, day or other period—the number of hours worked by the employee during each of the periods,\n> > \n> > > (b) if the industrial instrument that applies to the employee limits the daily hours of work and provides for the payment of daily overtime—\n> > > \n> > > > (i) the number of hours worked by the employee during each day, and\n> > > \n> > > > (ii) the time the employee started and stopped work each day,\n> > \n> > > (c) if the industrial instrument that applies to the employee prescribes a rate of remuneration per week, day, hour or other period—the rate of remuneration per week, day, hour or other period at which the employee is paid,\n> > \n> > > (d) if the industrial instrument that applies to the employee prescribes piece-work—\n> > > \n> > > > (i) the number and description of pieces made by the employee, and\n> > > \n> > > > (ii) the rate per piece at which the employee is paid,\n> > \n> > > (e) the gross amount of remuneration paid to the employee, showing the deductions made from the remuneration,\n> > \n> > > (f) other particulars that are necessary to show that the requirements of the industrial instrument that applies to the employee relating to remuneration paid and hours worked are being complied with.\n> \n> > (2) In this clause—\n> > \n> > remuneration includes overtime and other payments.","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Content of records—leave","content":"#### 11 Content of records—leave\n\n11 Content of records—leave\n\n> The prescribed records relating to an employee must contain the following particulars about leave of any kind to which the employee is entitled under the industrial relations legislation or an industrial instrument—\n> \n> > (a) the leave taken by the employee,\n> \n> > (b) the employee’s entitlement from time to time to that leave,\n> \n> > (c) the accrual of leave.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Content of records—superannuation contributions","content":"#### 12 Content of records—superannuation contributions\n\n12 Content of records—superannuation contributions\n\n> > (1) The prescribed records relating to an employee must contain the following particulars about any superannuation contributions that the employer must make for the benefit of the employee under an industrial instrument—\n> > \n> > > (a) the amount of the contributions made,\n> > \n> > > (b) the period over which the contributions were made,\n> > \n> > > (c) when the contributions were made,\n> > \n> > > (d) the name of the fund or funds to which the contributions were made,\n> > \n> > > (e) the basis on which the employer became liable to make the contributions, including particulars of any relevant election by the employee.\n> \n> > (2) The particulars referred to in subclause (1)(a)–(c) are not required in the case of contributions to a defined benefit superannuation fund.\n> \n> > (3) In this clause—\n> > \n> > defined benefit superannuation fund means a superannuation fund that has governing rules that provide that—\n> > \n> > > (a) one or more members of the fund are entitled, on retirement, to be paid a benefit defined, wholly or in part, by reference to either or both of the following—\n> > > \n> > > > (i) the amount of the member’s annual salary, either at the date of the member’s retirement or at a date before retirement or averaged over a period of employment before retirement,\n> > > \n> > > > (ii) a specified amount, and\n> > \n> > > (b) if the fund is not a public sector fund— at least some of the contributions paid in relation to a particular member of the fund—\n> > > \n> > > > (i) are not paid into, or accumulated in, a fund for the member, and\n> > > \n> > > > (ii) are paid into, or accumulated in, a fund with contributions paid in relation to other members of the fund.\n> > \n> > public sector fund means a superannuation fund established—\n> > \n> > > (a) by a law of the Commonwealth or of a State or Territory, or\n> > \n> > > (b) under the authority of—\n> > > \n> > > > (i) the Commonwealth or the government of a State or Territory, or\n> > > \n> > > > (ii) a municipal corporation, another local governing body or a public authority constituted by or under a law of the Commonwealth or of a State or Territory.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Keeping records","content":"#### 13 Keeping records\n\n13 Keeping records\n\n> > (1) The prescribed records relating to an employee must be—\n> > \n> > > (a) in a legible form in the English language, or\n> > \n> > > (b) in an electronic or other form that is—\n> > > \n> > > > (i) readily accessible, and\n> > > \n> > > > (ii) convertible into a legible form in the English language.\n> \n> > (2) Prescribed records must be made available to an inspector or other person to exercise any power conferred by the Act to inspect records in a legible form in the English language.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Transfer of records to successor employers","content":"#### 14 Transfer of records to successor employers\n\n14 Transfer of records to successor employers\n\n> > (1) This clause applies to the transfer of records kept by an employer (the former employer) relating to a transferred employee, as defined in section 101 of the Act, to the successor of the employer (the new employer).\n> \n> > (2) The former employer must transfer to the new employer all prescribed records relating to the transferred employee that, at the date of transfer, the former employer is required to keep under section 129 of the Act.\n> \n> > (3) The new employer must keep the transferred records as if the records had been made by the new employer at the time the records were made by the former employer.\n> \n> > (4) The former employer is required to keep a copy of the transferred records for a period of at least 6 years after the records were made.\n> \n> > (5) The new employer is not required to make records of anything occurring in the course of the transferred employee’s employment with the former employer.","sortOrder":19},{"sectionNumber":"Part 5","sectionType":"part","heading":"Industrial Relations Commission","content":"# Part 5 Industrial Relations Commission\n\nPart 5 Industrial Relations Commission","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Acting President","content":"#### 15 Acting President\n\n15 Acting President\n\n> > (1) This clause applies whenever the President and Vice-President of the Commission are both absent from duty and an Acting President has not been appointed under the Act, Schedule 2, clause 1(2) or, if an Acting President has been appointed, the Acting President is absent from duty.\n> \n> > (2) The next most senior judicial member, including an acting judicial member, of the Commission who is not absent from duty is the Acting President of the Commission.\n> \n> > (3) An Acting President has the functions of the President and anything done by an Acting President in the exercise of the functions has effect as if it had been done by the President.\n> \n> > (4) In this clause, absence from duty includes a vacancy in the relevant office.\n> \n> **cl 15:** Subst 2023 No 41, Sch 2.21\\[1\\].","sortOrder":21},{"sectionNumber":"15A","sectionType":"section","heading":"Oaths to be taken by members of Commission","content":"#### 15A Oaths to be taken by members of Commission\n\n15A Oaths to be taken by members of Commission\n\n> A member of the Commission must, on appointment, take the oath of allegiance and—\n> \n> > (a) for a judicial member—the judicial oath, or\n> \n> > (b) otherwise—the official oath.\n> \n> **cl 15A:** Ins 2023 No 41, Sch 2.21\\[1\\].","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Nominators of Industrial Committees","content":"#### 16 Nominators of Industrial Committees\n\n16 Nominators of Industrial Committees\n\n> > (1) For the purposes of section 198(3) of the Act, the members of an Industrial Committee, other than the Chairperson, are to be appointed by the Industrial Registrar on the nomination of the industrial or other organisations determined by the Commission in respect of the Committee.\n> \n> > (2) The number of members to be nominated by each organisation is to be determined by the Commission.\n> \n> > (3) Nominations are to be made within the time, and in accordance with the requirements, notified to the relevant organisation by the Industrial Registrar.\n> \n> > (4) The Commission may, in accordance with section 198 of the Act and this clause, determine that different or alternative members are to be nominated for different matters dealt with by the Industrial Committee.","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Oaths to be taken by members of Industrial Committees","content":"#### 17 Oaths to be taken by members of Industrial Committees\n\n17 Oaths to be taken by members of Industrial Committees\n\n> A member of an Industrial Committee, other than a member of the Commission, appointed after the commencement of the Act must, on appointment, take the official oath.","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Expenses of persons summonsed","content":"#### 18 Expenses of persons summonsed\n\n18 Expenses of persons summonsed\n\n> > (1) This clause applies to a summons, however described, that is issued at the request of a party and requires a person to do either or both of the following for the purposes of the Act—\n> > \n> > > (a) attend and give evidence,\n> > \n> > > (b) attend and produce documents or other things.\n> \n> > (2) The person is not required to comply with the summons unless an amount sufficient to meet the reasonable expenses of the person in complying with the summons is paid or tendered to the person—\n> > \n> > > (a) at the time of service of the summons, or\n> > \n> > > (b) not later than a reasonable time before the day on which the person is required to comply with the summons.\n> \n> > (3) The Commission may order a party who requests the issue of a summons to pay to the person required to comply with the summons an amount sufficient to make good an expense or loss if—\n> > \n> > > (a) the person required to comply with the summons is not a party, and\n> > \n> > > (b) in order to comply with the summons, the person incurs an expense or loss substantially exceeding any amount paid under subclause (2).","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Functions of Industrial Registrar","content":"#### 19 Functions of Industrial Registrar\n\n19 Functions of Industrial Registrar\n\n> > (1) The Industrial Registrar may exercise the following functions in connection with a matter before the Industrial Registrar—\n> > \n> > > (a) subject to the Act, determine the Industrial Registrar’s own procedure in the matter,\n> > \n> > > (b) issue a summons under section 165 of the Act for the purposes of dealing with the matter,\n> > \n> > > (c) adjourn proceedings in the matter to any time and place,\n> > \n> > > (d) make amendments to the proceedings in the matter that the Industrial Registrar considers necessary in the interests of justice,\n> > \n> > > (e) conduct proceedings in the matter publicly or, if the Industrial Registrar considers it necessary, privately,\n> > \n> > > (f) require the presentation of the respective cases of the parties in the matter to be limited to the periods of time that the Industrial Registrar determines are reasonably necessary for the fair and adequate presentation of the cases,\n> > \n> > > (g) require evidence or argument in the matter to be presented in writing and decide on the matters on which the Industrial Registrar will hear oral evidence or argument,\n> > \n> > > (h) dismiss at any stage any proceedings in the matter if the Industrial Registrar considers the proceedings are frivolous or vexatious,\n> > \n> > > (i) notify any person or body of proceedings in, or any other aspect of, the matter if the Industrial Registrar considers that the person or body may be affected by the matter.\n> \n> > (2) The Industrial Registrar has, in connection with proceedings for the approval of an enterprise agreement or contract agreement, the function of notifying the persons or bodies who may be entitled to appear or be represented in the proceedings that the agreement has been lodged for approval.\n> \n> > (3) The functions conferred by this clause are in addition to any functions—\n> > \n> > > (a) delegated to the Industrial Registrar by the Commission, or\n> > \n> > > (b) conferred on the Industrial Registrar by the Act, by any other provision of the regulations or by the rules of the Commission.","sortOrder":26},{"sectionNumber":"Part 6","sectionType":"part","heading":"Commission fees","content":"# Part 6 Commission fees\n\nPart 6 Commission fees","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Amounts payable in relation to proceedings in the Commission","content":"#### 20 Amounts payable in relation to proceedings in the Commission\n\n20 Amounts payable in relation to proceedings in the Commission\n\n> > (1) Subject to this Regulation, the fee that a person must pay in respect of a matter referred to in Column 1 of Schedule 1 is—\n> > \n> > > (a) except as provided by paragraph (b), the fee specified in respect of the matter in Column 2 of Schedule 1, or\n> > \n> > > (b) if the person is a corporation and a fee is specified in respect of the matter in Column 3 of Schedule 1—the fee specified.\n> \n> > (2) Despite subclause (1), the fee specified in Column 2 of Schedule 1 is payable by a corporation that produces evidence satisfactory to the Industrial Registrar—\n> > \n> > > (a) that the corporation’s turnover, in the financial year of the corporation immediately preceding the financial year in which the fees are to be taken, was less than $200,000, or\n> > \n> > > (b) if the corporation has not been in existence for a full financial year—that the corporation’s turnover in the first financial year of the corporation is likely to be less than $200,000.","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Payment of fees","content":"#### 21 Payment of fees\n\n21 Payment of fees\n\n> > (1) A fee, other than a hearing allocation fee or hearing fee, is payable when the document or service to which the fee relates is filed or rendered.\n> \n> > (2) Despite subclause (1), the Industrial Registrar may require the fee to be paid before the document is filed or service is rendered.","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Persons by and to whom fees are payable","content":"#### 22 Persons by and to whom fees are payable\n\n22 Persons by and to whom fees are payable\n\n> > (1) A fee, other than a hearing allocation fee or hearing fee, is payable to the Industrial Registrar by the person at whose request the document or service to which the fee relates is filed or rendered.\n> \n> > (2) If the document is filed or service is rendered at the request of a person acting as solicitor or agent for another person, the person and the party are jointly and severally liable for payment of the fee.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Payment of hearing allocation fees","content":"#### 23 Payment of hearing allocation fees\n\n23 Payment of hearing allocation fees\n\n> > (1) A hearing allocation fee in relation to proceedings is payable—\n> > \n> > > (a) except as provided by paragraph (b), by the applicant or appellant, or\n> > \n> > > (b) if the Commission or the Industrial Registrar makes an order as to the payment of the fee—by the parties and in the proportions so ordered.\n> \n> > (2) If a person is acting as solicitor or agent for a party to any proceedings, the person and the party are jointly and severally liable for payment of the hearing allocation fee.\n> \n> > (3) A hearing allocation fee is not payable in relation to an interlocutory hearing.\n> \n> > (4) A hearing allocation fee is payable on the first of the following to occur—\n> > \n> > > (a) immediately after a date is allocated for hearing the proceedings, or\n> > \n> > > (b) when the Commission or the Industrial Registrar notifies the parties in writing of the Commission’s or Industrial Registrar’s intention to allocate a date for hearing the proceedings.\n> \n> > (5) A hearing allocation fee is not payable in relation to the following—\n> > \n> > > (a) a hearing for a small claims application under the Act, section 379,\n> > \n> > > (b) a hearing for small claims proceedings under the [Fair Work Act 2009](http://www.legislation.gov.au/) of the Commonwealth, Chapter 4.\n> \n> **cl 23:** Am 2024 (253), Sch 1\\[1\\].","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Payment of hearing fees","content":"#### 24 Payment of hearing fees\n\n24 Payment of hearing fees\n\n> > (1) A hearing fee in relation to any proceedings is payable—\n> > \n> > > (a) by the applicant or appellant, or\n> > \n> > > (b) if the Commission or the Industrial Registrar makes an order as to the payment of the fee—by the parties and in the proportions ordered.\n> \n> > (2) If a person is acting as solicitor or agent for a party to any proceedings, the person and the party are jointly and severally liable for payment of the hearing fee.\n> \n> > (3) A hearing fee is not payable in relation to a hearing that has as its sole purpose the delivery of a reserved judgment.\n> \n> > (4) A hearing fee is not payable in respect of a day or part of a day and, if paid, is to be remitted if—\n> > \n> > > (a) the hearing fails to take place on that day or part of a day, and\n> > \n> > > (b) the Industrial Registrar is satisfied that the hearing failed to take place due to circumstances beyond the control of the parties.\n> \n> > (5) A hearing fee is payable when the Commission or the Industrial Registrar gives written notice to the person liable to pay the hearing fee of the amount of the fee payable.\n> \n> > (6) A hearing fee is not payable in relation to the following—\n> > \n> > > (a) a hearing for a small claims application under the Act, section 379,\n> > \n> > > (b) a hearing for small claims proceedings under the [Fair Work Act 2009](http://www.legislation.gov.au/) of the Commonwealth, Chapter 4.\n> \n> **cl 24:** Am 2024 (253), Sch 1\\[2\\].","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"General power to waive, postpone and remit","content":"#### 25 General power to waive, postpone and remit\n\n25 General power to waive, postpone and remit\n\n> > (1) The Industrial Registrar may, by written order, direct that the whole or any part of a fee payable to the Industrial Registrar is postponed, waived or remitted on grounds of financial hardship, subject to any conditions the Industrial Registrar thinks fit to impose.\n> \n> > (2) The powers conferred by this clause are to be exercised in accordance with guidelines published by the Attorney General.","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Circumstances in which fees not chargeable","content":"#### 26 Circumstances in which fees not chargeable\n\n26 Circumstances in which fees not chargeable\n\n> > (1) Unless expressly provided by Schedule 1, fees under Schedule 1 are not payable by the Crown, or by a person acting on behalf of the Crown, in proceedings if any of the following is a party—\n> > \n> > > (a) the Crown,\n> > \n> > > (b) a Minister of the Crown,\n> > \n> > > (c) a statutory body the expenditure of which is paid out of the Consolidated Fund.\n> \n> > (2) Subclause (1) does not apply to SafeWork NSW.\n> \n> > (3) Subclause (1) does not prevent the recovery by the Crown, or the person or body, of any fees that would, had the fees been paid by the Crown or the person or body, have been so recoverable.\n> \n> > (4) The Industrial Registrar may require a person to provide evidence for the purpose of deciding whether a statutory body’s expenditure is paid out of the Consolidated Fund.\n> \n> > (5) Unless expressly provided by Schedule 1, fees under Schedule 1 are not payable by—\n> > \n> > > (a) an industrial organisation, or\n> > \n> > > (b) an association registered under Chapter 6 of the Act.\n> \n> > (6) A fee specified in an item in Schedule 1 is chargeable subject to the circumstances specified in a note to the item.\n> \n> **cl 26:** Am 2024 (253), Sch 1\\[3\\]; 2025 (303), Sch 1\\[1\\].","sortOrder":34},{"sectionNumber":"Part 7","sectionType":"part","heading":"Industrial organisations","content":"# Part 7 Industrial organisations\n\nPart 7 Industrial organisations","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Copies of certificates of registration","content":"#### 27 Copies of certificates of registration\n\n27 Copies of certificates of registration\n\n> For the purposes of section 221(3) of the Act, the Industrial Registrar may issue to an industrial organisation a copy of the certificate of registration issued to the industrial organisation.","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Rules to provide for seal of organisation","content":"#### 28 Rules to provide for seal of organisation\n\n28 Rules to provide for seal of organisation\n\n> The rules of a State organisation must provide for a seal of the organisation to—\n> \n> > (a) be kept by a member of the committee of management of the organisation, and\n> \n> > (b) be affixed to a document with the authority of at least 2 members of that committee.","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Rules for elections—State and Federal organisations","content":"#### 29 Rules for elections—State and Federal organisations\n\n29 Rules for elections—State and Federal organisations\n\n> > (1) For the purposes of section 239(1)(a) of the Act, the membership of a State branch of a Federal organisation and the membership of a State organisation registered under Chapter 5 of the Act is substantially similar if the Industrial Registrar is satisfied that the membership would be substantially similar except for the fact that persons employed in the Australian Capital Territory are members of the State branch of the Federal organisation.\n> \n> > (2) For the purposes of section 239(1)(b) of the Act, the rules of a State branch of a Federal organisation comply substantially with the requirements relating to the election of the holders of offices under the Act if the Industrial Registrar is satisfied that the rules would comply substantially with those rules except for the fact that the rules cover persons employed in the Australian Capital Territory.","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Rules for elections—exemptions by Industrial Registrar","content":"#### 30 Rules for elections—exemptions by Industrial Registrar\n\n30 Rules for elections—exemptions by Industrial Registrar\n\n> An opportunity by an industrial organisation to be heard for the purposes of section 240(6) and (7) of the Act is to be given by—\n> \n> > (a) notifying the organisation of the Industrial Registrar’s intention to take the relevant action, and\n> \n> > (b) by allowing the organisation at least 14 days after the notice is given in which to show cause why the action should not be taken.","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Regulation of industrial organisations (other than State organisations)","content":"#### 31 Regulation of industrial organisations (other than State organisations)\n\n31 Regulation of industrial organisations (other than State organisations)\n\n> For the purposes of section 291 of the Act, the provisions of section 280 of the Act apply to industrial organisations that are not State organisations.","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Deemed registration of Newcastle Trades Hall Council","content":"#### 32 Deemed registration of Newcastle Trades Hall Council\n\n32 Deemed registration of Newcastle Trades Hall Council\n\n> > (1) For the purposes of section 217(3) of the Act, the Newcastle Trades Hall Council is taken to be registered as an industrial organisation of employees under Chapter 5 of the Act.\n> \n> > (2) The provisions of Chapter 5 of the Act do not apply to that organisation, except for the following provisions with any necessary modifications—\n> > \n> > > (a) section 221,\n> > \n> > > (b) section 224,\n> > \n> > > (c) section 263,\n> > \n> > > (d) section 266 in so far as it applies to section 263,\n> > \n> > > (e) sections 267–271,\n> > \n> > > (f) sections 278–281.\n> \n> > (3) The Newcastle Trades Hall Council is required to lodge a copy of its rules with the Industrial Registrar as soon as practicable after any change to the rules.","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Election of officers of State organisation","content":"#### 33 Election of officers of State organisation\n\n33 Election of officers of State organisation\n\n> For the purposes of section 249 of the Act, the provisions of Schedule 3 apply to the election of officers of State organisations.","sortOrder":42},{"sectionNumber":"Part 8","sectionType":"part","heading":"Public vehicles and carriers","content":"# Part 8 Public vehicles and carriers\n\nPart 8 Public vehicles and carriers","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Contract of carriage—meaning","content":"#### 34 Contract of carriage—meaning\n\n34 Contract of carriage—meaning\n\n> > (1) For the purposes of section 309(1)(a), (b) and (c) of the Act, the following circumstances are prescribed—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) riding on a motor vehicle by a person who is employed for the purpose of—\n> > > \n> > > > (i) loading or unloading goods being transported by means of the motor vehicle, or\n> > > \n> > > > (ii) assisting in loading or unloading goods being transported by means of the motor vehicle.\n> \n> > (2) Subclause (1) applies whether or not the person is employed—\n> > \n> > > (a) under a contract of employment, or\n> > \n> > > (b) by the carrier.\n> \n> > (3) (Repealed)\n> \n> **cl 34:** Am 2025 No 20, Sch 2.","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Notification of proposed contract agreements to which groups of carriers are parties","content":"#### 35 Notification of proposed contract agreements to which groups of carriers are parties\n\n35 Notification of proposed contract agreements to which groups of carriers are parties\n\n> For the purposes of section 325A(3) of the Act, the Industrial Registrar must advise the following persons of a proposed contract agreement that is notified to the Industrial Registrar and under which a group of carriers is a party—\n> \n> > (a) the secretary or chief executive of each State peak council,\n> \n> > (b) the secretary or chief executive of an association of contract carriers if—\n> > \n> > > (i) the association is a party to an existing contract determination or an existing contract agreement, and\n> > \n> > > (ii) the existing determination or existing agreement relates to the conditions of engagement of carriers whose contracts the proposed contract agreement will apply to,\n> \n> > (c) the secretary or chief executive of an association of employing contractors if—\n> > \n> > > (i) the association is not to be a party to the proposed contract agreement, and\n> > \n> > > (ii) the association is a party to an existing contract determination or an existing contract agreement, and\n> > \n> > > (iii) the existing determination or existing agreement relates to the conditions of engagement of carriers whose contracts the proposed contract agreement will apply to.","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Publication of notice of application for registration of association of contract drivers or carriers","content":"#### 36 Publication of notice of application for registration of association of contract drivers or carriers\n\n36 Publication of notice of application for registration of association of contract drivers or carriers\n\n> For the purposes of section 335(3) of the Act, notice of an application under that section must be published on the website of the Commission and in such other manner as the Industrial Registrar is satisfied is likely to bring the notice to the attention of relevant members of the public within 14 days after the application is lodged.","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Objection to registration of association of contract drivers or carriers","content":"#### 37 Objection to registration of association of contract drivers or carriers\n\n37 Objection to registration of association of contract drivers or carriers\n\n> For the purposes of section 336(1) of the Act, a person who objects to the granting of an application under section 335 of the Act must serve the notice of objection on the Industrial Registrar within 28 days after the notice of the application is published.","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Withdrawal of registration of association at request of members","content":"#### 38 Withdrawal of registration of association at request of members\n\n38 Withdrawal of registration of association at request of members\n\n> > (1) For the purposes of section 338(1) of the Act, an application for a certificate of withdrawal of registration of an association—\n> > \n> > > (a) must be made by a majority of—\n> > > \n> > > > (i) the members of the governing body of the association, or\n> > > \n> > > > (ii) the members of the association, and\n> > \n> > > (b) must not be made until the applicants have given at least 14 days’ written notice of the applicants’ intention to apply for the certificate to all financial members of the association at each financial member’s last known place of residence or business.\n> \n> > (2) An application for a certificate may not be made if—\n> > \n> > > (a) the making of the application is contrary to the rules of the association, or\n> > \n> > > (b) proceedings have been instituted within the association to prevent the making of the application.","sortOrder":48},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"# Part 9 Miscellaneous\n\nPart 9 Miscellaneous","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Authority to prosecute","content":"#### 39 Authority to prosecute\n\n39 Authority to prosecute\n\n> For the purposes of section 399(1)(c) of the Act, an industrial organisation concerned in the industry to which the proceedings relate is prescribed.","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Notification of proceedings","content":"#### 40 Notification of proceedings\n\n40 Notification of proceedings\n\n> > (1) An industrial organisation that institutes proceedings for an offence against the Act or the regulations must, within 3 days after doing so, send particulars of the proceedings to the Secretary of the Premier’s Department.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (2) Particulars of proceedings sent to the Secretary in accordance with this clause are sent for information only.\n> \n> **cl 40:** Am 2023 No 35, Sch 4.22.","sortOrder":51},{"sectionNumber":"41","sectionType":"section","heading":"Additional persons prescribed by regulation","content":"#### 41 Additional persons prescribed by regulation\n\n41 Additional persons prescribed by regulation\n\n> > (1) The persons described in this Part as employees are taken to be employees for the purposes of the Act.\n> \n> > (2) A person described in this Part as the employer of any such employee is taken to be the employer for the purposes of the Act.\n> \n> Note.\n> \n> Clause 1(m) of Schedule 1 to the Act authorises the making of regulations prescribing additional categories of deemed employees and their deemed employer.","sortOrder":52},{"sectionNumber":"42","sectionType":"section","heading":"Security industry workers","content":"#### 42 Security industry workers\n\n42 Security industry workers\n\n> > (1) A person, other than a bona fide contractor employing labour for that purpose, who performs security officer work, or security transport work, under a contract with another person is taken to be an employee of the other person.\n> \n> > (2) The other person is taken to be the employer of the person who performs that work.\n> \n> > (3) In this clause—\n> > \n> > security officer work means work for which a rate of pay is fixed by the Security Industry (State) Award when performed by an employee, being the work of security officers in the security or watching industries—\n> > \n> > > (a) including the work of persons engaged in control rooms to monitor, respond to or act on security alarm systems, and\n> > \n> > > (b) not including the work of persons engaged solely as general office or clerical workers.\n> > \n> > security transport work means work for which a rate of pay is fixed by the Transport Industry (State) Award when performed by an employee, being the work of transporting cash or other valuables by armoured vehicle (whether as an armoured vehicle operator, a despatch hand or an armoured vehicle escort).","sortOrder":53},{"sectionNumber":"42A","sectionType":"section","heading":"Industrial Magistrate—civil procedure","content":"#### 42A Industrial Magistrate—civil procedure\n\n42A Industrial Magistrate—civil procedure\n\n> > (1) For the Act, section 383, the provisions of the Act, the regulations and the rules of the Commission about the practice and procedure of the Industrial Court, except in criminal proceedings, apply, with all necessary modifications, to proceedings before the Chief Industrial Magistrate or other Industrial Magistrate.\n> \n> > (2) Without limiting subclause (1), the Chief Industrial Magistrate or other Industrial Magistrate may hear evidence orally or by affidavit and may hear evidence whether or not notice to call the evidence has been given.\n> \n> > (3) However, if the interests of justice so require, a witness must be called to give oral evidence instead of evidence by affidavit.\n> \n> > (4) This clause does not apply to proceedings for an offence or to proceedings under the Act for a civil penalty for a contravention of a civil penalty provision.\n> \n> **cl 42A:** Ins 2023 No 41, Sch 2.21\\[2\\]. Am 2025 No 42, Sch 2\\[1\\] \\[2\\].","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":null,"content":"#### 43\n\n43, 43A (Repealed)","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Savings","content":"#### 44 Savings\n\n44 Savings\n\n> Any act, matter or thing that, immediately before the repeal of the [Industrial Relations (General) Regulation 2015](/view/html/repealed/current/sl-2015-0458), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":57},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Commission fees","content":"# Schedule 1 Commission fees\n\nSchedule 1 Commission fees\n\nclause 20\n\n**sch 1:** Subst 2021 (357), Sch 1; 2022 (400), Sch 1; 2023 (357), Sch 1. Am 2023 No 35, Sch 4.22. Subst 2024 (253), Sch 1\\[4\\]. Am 2025 No 8, Sch 1.6. Subst 2025 (303), Sch 1\\[2\\]. Am 2025 (532), Sch 1.","sortOrder":58},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 2 Penalty notice offences\n\nSchedule 2 Penalty notice offences\n\n| Column 1 | Column 2 |\n| Provision | Penalty $ |\n| Offences under the Act |\n| Section 67(2) | 220 |\n| Section 78(1) | 220 |\n| Section 78(2) | 220 |\n| Section 78(3) | 220 |\n| Section 123(1) | 220 |\n| Section 129(6) | 220 |\n| Section 341(5) | 220 |\n| Section 360(1) | 220 |\n| Section 360(2) | 220 |\n| Section 361(1) | 220 |\n| Section 387(2) | 220 |\n| Offences under this Regulation |\n| Clause 40(1) | 220 |","sortOrder":62},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Conduct of elections for office","content":"# Schedule 3 Conduct of elections for office\n\nSchedule 3 Conduct of elections for office\n\n(Clause 33)\n\n**sch 3:** Am 2023 No 41, Sch 2.21\\[3\\]; 2024 (7), Sch 1\\[1\\]–\\[5\\].","sortOrder":64},{"sectionNumber":"19A","sectionType":"section","heading":"Access to roll","content":"#### 19A Access to roll\n\n19A Access to roll\n\n> > (1) The Industrial Registrar may authorise a candidate for an election to be given access to the roll for the election.\n> \n> > (2) Subject to subclause (4), if a candidate is authorised to access the roll, the returning officer must—\n> > \n> > > (a) give the candidate a copy of the roll in written or electronic form, and\n> > \n> > > (b) allow the candidate to inspect a copy of the roll—\n> > > \n> > > > (i) at the office of the returning officer, and\n> > > \n> > > > (ii) during business hours at a time agreed with the candidate.\n> \n> > (3) The returning officer may, before giving the candidate access to the roll, require the candidate to give the returning officer an undertaking that—\n> > \n> > > (a) the candidate’s systems and procedures are adequate to preserve the security of electoral information, and\n> > \n> > > (b) the candidate will, within 20 business days after the completion of the election—\n> > > \n> > > > (i) return electoral information to the returning officer, or\n> > > \n> > > > (ii) destroy electoral information.\n> \n> > (4) If a candidate refuses or is unable to give an undertaking under subclause (3), the returning officer must refuse to give the candidate a copy of the roll.\n> \n> > (5) A candidate must not, without reasonable excuse, fail to comply with an undertaking given under subclause (3)(b).\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (6) A person must not use or disclose electoral information unless the information is used or disclosed for a purpose, other than a commercial purpose, in connection with an election.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (7) Without limiting subclause (6), electoral information is used for a commercial purpose if it is sold or offered for sale.\n> \n> > (8) In this clause—\n> > \n> > electoral information, in relation to a roll for an election, means—\n> > \n> > > (a) copies of the roll, and\n> > \n> > > (b) a record of the contents of the roll.","sortOrder":84}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Regulation appears to maintain its original scope as a general machinery regulation supporting the Industrial Relations Act 1996. While it has been amended over time (as evidenced by amendment notes), the core purpose remains consistent: setting fees, prescribing record-keeping requirements, detailing election procedures, and providing exemptions. There is no indication of significant scope creep beyond the original intent of operationalising the parent Act."},"complexity_factors":["Multiple cross-references to the parent Act (Industrial Relations Act 1996) and federal legislation (Fair Work Regulations 2009, Corporations Act 2001)","Nested conditional logic in fee calculations (different rates for corporations vs individuals, with exceptions for small corporations)","Detailed procedural requirements for union elections spanning 31 clauses with specific time limits, nomination requirements, and ballot procedures","Multiple exemption categories for unfair dismissal with layered conditions (e.g., casual workers exception has sub-exceptions for regular systematic employment)","Defined terms that themselves contain nested definitions (e.g., 'defined benefit superannuation fund' in clause 12)","Fee schedule with tiered pricing based on days of hearing and type of proceeding","Amendment history notes indicating evolving provisions (e.g., clauses 15, 15A, 42A, 43, 43A show recent changes)"],"plain_english_summary":"This Regulation sets out the detailed rules for how New South Wales industrial relations law operates in practice. It covers several key areas:\n\n**For workers and employers:**\n- **Pay slips and record-keeping**: Employers must provide detailed written pay slips showing gross pay, deductions, superannuation, and net pay. They must also keep comprehensive records about employees' hours, leave, and superannuation for at least 6 years.\n- **Unfair dismissal protections**: Some workers are excluded from unfair dismissal laws, including casual workers employed for short periods, workers on probation (3 months or less), and those on fixed-term contracts under 6 months. High-income earners (above a threshold linked to federal law) may also be excluded if no industrial instrument (like an award or agreement) applies to them.\n- **Deemed employees**: Security guards and certain transport workers are specifically treated as employees (not contractors) for the purposes of industrial law, meaning they get employee protections.\n\n**For unions and employer organisations:**\n- **Election rules**: Detailed procedures govern how union officials are elected, including secret postal ballots, independent returning officers, nomination requirements, and time limits. Elections must be held at least every 4 years.\n- **Registration**: Rules about seals, certificates, and the special status of the Newcastle Trades Hall Council.\n\n**For the Industrial Relations Commission:**\n- **Fees**: A comprehensive fee schedule for court proceedings, with higher fees for corporations than individuals. Fees can be waived for financial hardship.\n- **Procedures**: Rules about who can act as President when the usual office-holders are absent, how Industrial Committees are formed, and how witnesses are summonsed and paid.\n\n**For contract carriers:**\n- Special notification requirements when groups of carriers (like truck drivers) negotiate contract agreements.\n\nThe Regulation essentially fills in the operational details left open by the main Industrial Relations Act 1996, ensuring the system functions day-to-day."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the regulation's scope has materially changed from its original intent. The frequent amendments appear consistent with routine updates (such as annual fee or wage adjustments) rather than fundamental expansions or contractions of scope. The regulation continues to serve its general administrative and procedural function under the NSW industrial relations framework."},"complexity_factors":["The substantive content of the regulation is not reproduced in the provided text — only metadata, version history, and status information is visible, limiting full analysis","Multiple amendments over 14 distinct versions since 2020 suggest evolving and layered content that could be complex to track in practice","The regulation operates within a dual industrial relations system (federal Fair Work vs NSW state system), requiring users to first determine which system applies to them","Automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal complexity — the regulation has a known expiry date","As a subordinate instrument (made under a parent Act), its provisions must be read alongside the Industrial Relations Act 1996 (NSW) to be fully understood"],"plain_english_summary":"## Industrial Relations (General) Regulation 2020 (NSW)\n\nThis is a **NSW government regulation** (a set of detailed rules made under a broader law called the Industrial Relations Act) that sets out the practical, day-to-day rules governing employment and workplace relations in New South Wales.\n\n**Who does this affect?**\n- NSW workers (particularly those in state government or industries covered by NSW industrial law rather than the national Fair Work system)\n- NSW employers\n- Unions and employer organisations\n- The NSW Industrial Relations Commission (the tribunal that resolves workplace disputes)\n\n**What does it do?**\nAs a 'general' regulation, it fills in the procedural and administrative details that the main Industrial Relations Act doesn't spell out — things like fees, forms, timeframes, and operational requirements for how workplace laws are administered and enforced in NSW.\n\n**Important things to know:**\n- This regulation has been **updated many times** since it was first made in August 2020 — roughly once or twice a year — meaning the rules have been actively adjusted over time\n- It is **scheduled to be automatically cancelled (repealed)** on **1 September 2026** under a NSW law that routinely sunsets (automatically ends) older regulations to prevent outdated rules from lingering on the books\n- If you are relying on this regulation, you should check whether it has been replaced or renewed after that date\n\n**Bottom line:** If you work in NSW (especially in the public sector or a state-regulated industry), this regulation affects how your workplace rights and obligations are administered. Most private sector workers are covered by the national Fair Work system instead."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The provided Regulation restates and replaces the earlier 2015 Regulation (cl 2) and includes a savings clause preserving actions under the old Regulation (cl 44). The text supplied does not itself show an expansion or narrowing of the Act’s substantive scope beyond implementing procedural, recordkeeping, fee and electoral mechanisms specified in the Regulation."},"complexity_factors":["Multiple functional areas covered (records, proceedings, fees, organisation registration, elections) increasing cross-cutting requirements","Extensive cross-references to the Act and other legislation (e.g. Fair Work Regulations, Electoral Act), requiring combined interpretation (cl 3, cl 5, Schedule 3 cl 20(1)(a))","Detailed, prescriptive employer recordkeeping obligations and retention/transfer rules (cl 8–14)","Comprehensive fee schedule with differential rates for corporations and turnover-based exceptions (cl 20, Schedule 1)","Significant discretionary powers vested in the Industrial Registrar and returning officers (cl 19, cl 25, Schedule 3 cl 4(5)), requiring administrative guidance to ensure consistency","Complex electoral procedures for organisations with timing, notice, roll access and ballot mechanics (Schedule 3 cl 13–27)","Penalties and penalty notice regime spanning Act and Regulation offences, requiring alignment with enforcement processes (Schedule 2)"],"plain_english_summary":"### What this Regulation does, who it affects, and how it works\n\nThis Regulation sets out detailed procedures, recordkeeping requirements, fee charges and administrative rules that support the Industrial Relations Act 1996 (the Act). It specifies what officials must do, what employers and organisations must keep or provide, how certain proceedings and elections are run, and the fees and penalties that apply. Key parts and mechanical effects include:\n\n- Name and commencement: It is the Industrial Relations (General) Regulation 2020 and commences 1 September 2020 (cl 1–2).\n\n- Definitions and legal context: It adopts defined terms (for example, corporation, the Act) and notes that other Acts affect interpretation (cl 3).\n\n- Notifications about agreements and contracts: The Industrial Registrar must notify specified bodies when proposed enterprise agreements or contract agreements are lodged (cl 4, cl 35). Notices for applications by carrier associations must be published on the Commission website and otherwise brought to public attention within 14 days (cl 36).\n\n- Unfair dismissal exemptions: The Regulation prescribes the monetary threshold for exemptions by reference to the Fair Work Regulations calculation (cl 5) and lists employee categories exempt from the unfair dismissal provisions (cl 6). Changes in the monetary amount apply to dismissals on or after the date of change (cl 5(2)).\n\n- Payslips and employer records: Employers must supply specified written particulars when paying remuneration (cl 7). Employers must keep a prescribed set of daily records (cl 8) with required content about identity, employment status, remuneration, hours worked, leave accrual, and superannuation contributions (cl 9–12). Records must be legible in English or readily convertible to English and retained and produced to inspectors (cl 13). When a business transfers employees, records must be transferred to the successor employer and retained for at least 6 years (cl 14; note on retention in cl 8). Failure to provide particulars is an offence with a maximum penalty noted in cl 7 (see also Schedule 2 for penalty amounts).\n\n- Industrial Relations Commission and Registrar functions: The Regulation sets rules for Commission business (acting President rules at cl 15; oaths at cl 15A and cl 17). It gives the Industrial Registrar express procedural powers over matters before the Registrar, including setting procedure, issuing summonses, adjourning and amending proceedings, limiting presentation times, and notifying potentially affected persons (cl 19). The Registrar also notifies persons in enterprise/contract agreement approvals (cl 19(2)).\n\n- Fees and payment mechanics: A structured fee regime applies to filing, hearing allocation and hearing days, and a range of registry and document services (cl 20–24 and Schedule 1). Different fee amounts apply to corporations and non-corporations; corporations may instead pay the standard fee if they show turnover under $200,000 (cl 20(2)). Timing and responsibility for payment are specified (cl 21–24). The Industrial Registrar may waive, postpone or remit fees on grounds of financial hardship and subject to Attorney General guidelines (cl 25). Certain Crown bodies and industrial organisations are generally not charged fees unless Schedule 1 expressly says otherwise (cl 26).\n\n- Industrial organisations and elections: The Regulation sets administrative rules for registered industrial organisations (copies of certificates, seal rules at cl 27–28). It prescribes how State branches of federal organisations and State organisations’ election rules are treated in relation to compliance (cl 29–31). It grants deemed registration for a named council with tailored application of some Chapter 5 provisions (cl 32). Schedule 3 contains detailed compulsory election procedures for offices in organisations: how elections are requested and run, who conducts them, publication and timing requirements, nomination and ballot-paper rules, access to the roll, retention of election documents, scrutineers, counting and notification of results, and recovery of election costs (Schedule 3, cl 3–31). The person conducting an election may take necessary directions and override organisational rules to prevent irregularities (Schedule 3 cl 4(5)).\n\n- Deemed employees and sectors: The Regulation prescribes additional categories of persons to be taken as employees under the Act (cl 41). It expressly deems certain security industry contractors who perform specified security work to be employees of the contracting party (cl 42).\n\n- Industrial Magistrate civil procedure: Civil procedure provisions for the Industrial Court largely apply to Industrial Magistrates (cl 42A).\n\n- Transitional and savings: Acts or things that had effect under the repealed 2015 Regulation continue to have effect (cl 44).\n\n- Fees, penalty notices and monetary penalties: Schedule 1 lists fees (filing, hearing allocation, hearing day rates, copies, transcripts, registry services). Schedule 2 lists offences for which penalty notices may be issued and the dollar penalty for each (Schedule 2 and cl 1 of that Schedule).\n\nWhy this matters (practical implications and incentives)\n\n- Who pays: Employers bear recordkeeping and payslip compliance costs (cl 7–14). Parties bringing matters to the Commission normally pay filing and hearing fees; corporations face higher fees unless they meet turnover evidence to pay the lower fee (cl 20(1)–(2), Schedule 1). Organisations generally bear the costs of elections (Schedule 3 cl 31). The Crown and some public bodies are generally exempt from fees unless Schedule 1 states otherwise (cl 26).\n\n- Who decides and where discretion lies: The Industrial Registrar has broad procedural discretion (cl 19), can decide who conducts elections (Schedule 3 cl 4–6), and can waive or remit fees for hardship (cl 25). The returning officer (Electoral Commissioner or appointed independent officer) has final decision-making power on procedural aspects of ballots (Schedule 3 cl 4(5), cl 30).\n\n- Compliance burden and enforcement: Employers must capture and retain detailed employee records in prescribed form, produce them on inspection, and transfer them on business handover (cl 8–14). Failure to supply required payslip particulars or to comply with recordkeeping or election obligations may attract offences and monetary penalties (cl 7 notes; Schedule 2; Schedule 3 cl 4(7), cl 7(2) retention penalty). These obligations create administrative costs (time, systems) and potential sanctions for non‑compliance.\n\n- Costs, incentives and trade-offs: The fee schedule raises the direct cost of using Commission processes (cl 20 and Schedule 1). Differential fees for corporations create a turnover-based incentive (cl 20(2)). The Registrar’s power to waive fees (cl 25) is a mitigating mechanism but is discretionary and subject to Attorney General guidelines. Elections administered externally can increase impartiality but impose costs on organisations (Schedule 3 cl 31) and may override some internal rules (Schedule 3 cl 4(5)), which limits organisational procedural autonomy.\n\n- Implementation and administrative risks: The regime depends on the Administrative capacity of the Industrial Registrar, returning officers and registries to publish, notify, process fees, transfer records and conduct elections consistent with time limits and retention rules (cl 19; Schedule 3). Discretionary powers (cl 19, cl 25, Schedule 3 cl 6, cl 11) concentrate decision-making and require clear guidance and record-keeping to manage consistency and legal risk.\n\n- Concentrated benefits and targeted provisions: Some provisions apply specifically to named organisations (deemed registration for Newcastle Trades Hall Council, cl 32) or particular industry categories (security industry workers, cl 42). Schedule 1 contains many specific fee items that impose concentrated costs on parties using Commission processes.\n\nMain trade-offs to note\n\n- Administrative clarity vs cost: The Regulation creates detailed standards (which aid enforceability) but these impose administrative costs on employers and organisations to comply (cl 7–14; Schedule 1).\n\n- Discretion vs predictability: The Industrial Registrar and returning officer are given discretion to manage procedure, waive fees and override organisational rules to prevent irregularities (cl 19, cl 25, Schedule 3 cl 4(5)). That discretion can address edge cases but reduces predictability for regulated parties.\n\nPrimary behavioural effects (plainly stated)\n\n- Employers must change payroll and recordkeeping systems to capture and retain the prescribed particulars and to provide payslips with specified content (cl 7–14).\n- Parties deciding to bring matters in the Commission must budget for filing and hearing fees; corporations face higher fees unless turnover evidence is provided (cl 20 and Schedule 1).\n- Registered organisations must run compulsory elections in the manner prescribed or ask the Registrar to arrange elections and will generally bear costs of externally conducted elections (Schedule 3 cl 3–6, cl 31).\n- Certain contractors in the security and transport industries are treated as employees of the contracting party for the Act’s purposes (cl 42), which changes the legal relationship for those workers.\n\nKey citations: cl 1–3 (preliminaries); cl 4, cl 35, cl 36 (notifications); cl 5–6 (unfair dismissal exemptions); cl 7–14 (payslips and records); cl 15–19 (Commission & Registrar); cl 20–26 and Schedule 1 (fees); cl 25 (waiver of fees); cl 26 (fee exemptions); cl 27–33 (industrial organisations); cl 41–42 (deemed employees); cl 42A (Industrial Magistrate); Schedule 2 (penalty notice offences); Schedule 3 (elections)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/industrial-relations-general-regulation-2020","history":"/api/acts/industrial-relations-general-regulation-2020/history","analysis":"/api/acts/industrial-relations-general-regulation-2020/analysis","conflicts":"/api/acts/industrial-relations-general-regulation-2020/conflicts","importantCases":"/api/acts/industrial-relations-general-regulation-2020/important-cases","documents":"/api/acts/industrial-relations-general-regulation-2020/documents"}}