92Manner of exercise of arbitrator’s functions

92 Manner of exercise of arbitrator’s functions

92 Manner of exercise of arbitrator’s functions

(cf PH Act s 29N)

(1) In making a determination under this part, the arbitrator—

(a) is not bound by the rules of evidence and may inform themselves on any matter as the arbitrator sees fit, and

(b) must act judicially and be governed by equity and good conscience, without regard to technicalities or legal forms.

(2) In making a determination under this part, the arbitrator must—

(a) have regard to the established principles of the Industrial Relations Commission in connection with the determination of remuneration and terms and conditions of work under awards made under the Industrial Relations Act 1996, and

(b) take into account the public interest and, for that purpose, have regard to—

(i) the objects of the Industrial Relations Act 1996, other than the objects specified in that Act, section 3(c)–(e), and

(ii) the state of the economy of New South Wales and the likely effect of the making of the determination on the economy, and

(iii) the fiscal position and outlook of the Government and the likely effect of the making of the determination on the position and outlook.

s 92: Am 2011 No 25, Sch 4 [1]; 2025 No 8, Sch 1.3[2]–[4].