9.1.3 Australian Industrial Relations Commission

-    The role and functions of the Australian Industrial Relations Commission (the Commission) are defined by the objects of the WR Act.
-    The principal object of the WR Act is to provide a framework for cooperative workplace relations, which promotes the economic prosperity and welfare of the people of Australia.
   
The functions of the Commission are broadly summarised as follows:
    • To prevent and settle industrial disputes, so far as possible by conciliation, and as a last resort and within the limits specified by the WR Act, by arbitration;
    • To ensure that a safety net of fair minimum wages and conditions of employment is established and maintained;
    • To facilitate equal remuneration for work of equal value;
    • To facilitate agreement making between employers and employees or organisations of employees about wages and conditions of employment
    • To assess whether proposed Australian Workplace Agreements (AWAs) referred from the Employment Advocate (EA) meet the no-disadvantage test;
    • To conciliate claims for relief in relation to termination of employment, and if necessary to arbitrate whether a termination is harsh, unjust or unreasonable; and
    • To deal with matters concerning organisations, particularly registration, amalgamation, cancellation, representation rights, alteration of eligibility rules and change of name.

Organisation
The Commission consists of a President, two Vice Presidents and such numbers of Senior Deputy Presidents, Deputy Presidents and Commissioners are appointed by the Governor-General. In addition a number of members hold dual appointments simultaneously with State industrial tribunals.

9.2 New South Wales non-judicial tribunals

Administrative Decisions Tribunal (NSW)
Overview
-    Governments often require certain standards to be met before an individual or organisation will be allowed to undertake an activity e.g. beekeepers must be licensed.
-    The ADT allows people to apply to the ADT, where permitted by law, for an adverse administrative decision to be reviews.
-    This was established by the Administrative Decisions Tribunal Act 1997 with several objects. One being “ensure that (it) is accessible, its proceedings are efficient and effective and its decisions are fair”.
-    Three of the divisions have special functions, taking over the responsibilities of existing tribunals.
-    Two of these divisions exercise “original” jurisdiction:
1.    The Legal Services Divisions will be responsible for making original decisions in relation to complaints relation to the professional conduct
brought against a legal practitioner.
2.    The Equal Opportunity Division will make original decisions in relation to complaints arising under the States anti discrimination laws.

-    The work of the other divisions involves the exercise of “review” jurisdiction:

1.    The Community Services Division has responsibility for reviewing specified decisions connected with the community services and ageing and disability portfolios of government.

2.    The General Divisions. Responsible for matters that fall outside the areas covered by the special divisions.
-    Jurisdiction is conferred on the ADT by the relevant primary legislation rather that by the ADT act itself.

Commonwealth Ombudsman

Who Can Complain?
-    A person can complain directly to the Ombudsman and need not first approach a member of parliament

How to Complain
-    A complaint may be made either roraly or in writing. Where a complaint is made orally, however, the Ombudsman may decline to investigate a complaint further or to investigate a complaint until such complaint is reduced to writing.

Complaints in relation to what matters?
-    The function is to investigate action “that relates to a matter of administration” by a department or by a prescribed authority…[A]t the outset it should be noted that the jurisdiction of the Ombudsman is not restricted to such matters – the complaint need only “relate to” a matter of administration.

The Ombudsman and the Administrative Appeals Tribunal
-    Close ties exist between the Ombudsman and the Administrative Appeals Tribunal.
-    The ombudsman can refer a question relating to the taking of administrative action to the tribunal for an advisory opinion.

Remedies
-    When making a complaint to the ombudsman it should be borne in mind that the Ombudsman cannot directly implement his decision in the same manner as the Tribunal or the Federal Court.
-    The remedy available to the ombudsman is the making of a report.

9.2.1 Consumer Trader and Tenancy Tribunal

-    The Consumer, Trader and Tenancy Tribunal is a specialist independent, accessible Tribunal for the fair and timely resolution of disputes according to law.  The CTTT resolves disputes at hearing or by alternative dispute resolution, generally through conciliation.
-    The Fair Trading Tribunal and the Residential Tribunal merged on 25 February 2002 to form the Consumer, Trader and Tenancy Tribunal.  The CTTT was established to provide a specialist dispute resolution forum for consumer, trader and tenancy matters throughout New South Wales.
-    The CTTT has 8 regional and metropolitan Registries and conducts hearings in over 85 locations throughout NSW, including 2 permanent hearing venues located at Campbelltown and Gosford. 
Hearings are conducted by Tribunal Members who are appointed by the Governor of NSW on a full-time or part-time basis to hear and determine matters in accordance with the Consumer, Trader and Tenancy Tribunal Act 2001.