Terms of reference

1. The Minister requests that the Office of Industrial Relations, through the engagement of Professor Joellen Riley of the University of Sydney, undertake a review that considers the current and future operation of the Banks and Bank Holidays Act 1912. At the conclusion of the Review Professor Riley will issue a report recommending changes to modernise the operation of legislation and other instruments which affect the creation and operation of public holidays and bank holidays in New South Wales.
   
   
2. Professor Riley, in undertaking the review, is requested to have regard to:

(a) the existing legislative framework for public holidays and bank holidays, including the Banks and Bank Holidays Act 1912, the Shop Trading Act 2008, the Industrial Relations Act 1996 and relevant Commonwealth legislation (including the Fair Work Act 2008 );

(b) industrial arrangements existing in public sector and private sector industrial instruments arising from decisions of the Industrial Relations Commission of New South Wales and the Australian Industrial Relations Commission;

(c) community standards established by State and Territory legislation applying across Australia and the agreements reached at the Council of Australian Governments on 9 June 1993 and the Council for the Australian Federation on 12 September 2008;

(d) standards established by decisions of Australian industrial relations tribunals, including the Industrial Relations Commission of New South Wales and the Australian Industrial Relations Commission;

(e) New South Wales Government policies and practices concerning the gazettal of bank holidays, local public holidays, and substitute and additional days under the Banks and Bank Holidays Act 1912 and the Shop Trading Act 2008;

(f) community standards and practices regarding the rostering of workers on public holidays, including arrangements for workers to volunteer to work on public holidays and the compensation provided to such workers for public holiday work;

(g) the operation of the August bank holiday and weekend bank trading arrangements generally; and

(h) the creation and operation of local public holidays under the Banks and Bank Holidays Act 1912.

3. In preparing the report to the Minister, Professor Riley is requested to:

(a) hold such public hearings as is considered appropriate;

(b) invite submissions from:

(i) organisations registered/recognised by the Industrial Relations Act 1996; and/or

(ii) organisations and individuals who the Office of Industrial Relations/Professor Riley considers may have a significant interest in the legislation under review; and

(c) publish a decision outlining any proposed changes to legislation and/or other instruments and any other findings by October 2009.