Research & Information
Announcement - Industrial Relations Amendment (Industrial Agents) Act 2002

13 January 2003

     
    Memorandum

    Industrial Registry

    Registry of the Industrial Relations Commission
    of New South Wales

               

        To: Clients of the Industrial Relations Commission

        From: Mick Grimson, Acting Industrial Registrar

        Date: 13th January 2003

        Topic: Industrial Relations Amendment (Industrial Agents) Act 2002



 

The Industrial Relations Amendment (Industrial Agents) Act 2002 - REPEALED has been proclaimed to commence on 1st February 2003 and amends the Industrial Relations Act 1996 as follows:
  • inserts a definition of industrial agent- a person, other than a legal practitioner or an employee or officer of an industrial organisation, who represents a party in proceedings before the Commission for fee or reward.
  • requires an industrial agent representing a client in an Unfair Dismissal matter in a claim where compensation is sought to file a Certificate certifying that the agent has reasonable grounds for believing, on the basis of provable facts, that the claim or the response to the claim has reasonable prospects of success.
  • provides for the Commission to make an order for costs against an industrial agent who lodges a certificate in circumstances where the Commission considers there are no reasonable prospects of success.
  • provides that a payment made to an industrial agent will not be effective to extinguish the rights or liabilities of the parties.
  • requires industrial agents to apply for leave of the Commission before appearing in conciliation proceedings.
  • prohibits industrial agents entering into agreements with their clients to charge fees as a proportion of, or that vary according to, the amount recovered in any proceedings to which the agreement relates.
  • require an industrial agent to disclose costs to both their client and the Commission
    The amendments
      • in respect of industrial agents (s.90A) do not apply in respect of proceedings commenced before the commencement of that section
        • in respect of representation of parties(s.166(2)) do not apply in respect of conciliation proceedings that were commenced before the commencement of the amendment