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About OIR » History HistoryA History of the Office of Industrial RelationsAlthough the story of industrial relations in NSW began in 1856, when the stonemasons struck for and won the right for an eight-hour day[1], the involvement of the NSW Government in employment relations did not commence until almost forty years later, during the 1890s economic depression. In 1892, the Government Labour Bureau was set up under the Dibbs Government. From its inception, the Bureau was largely responsible for assisting the '…unemployed in finding work and [providing] assistance to families impoverished by unemployment.[2] From 1892 to c1911, the Bureau provided welfare and assistance through the administering of sustenance relief payments - known as the 'susso' - and also by operating a type of employment agency for the unemployed known as the Central Labour Exchange.[3] In 1893, the NSW Government established a co-operative farm for unemployed workers on the former Pitt Town Common, which was known as the These co-operative farms were established in response to the 1890s economic depression, but tended to be short-lived. The experimental farm at In 1895, the Government Labour Bureau came under purview of the Department of Public Instruction, administered by the Minister for Public Instruction and Minister for Labour and Industry. The Department of Labour and Industry was established in the following year and was responsible for a range of legislation including the Apprentices Act 1894, the Factories and Shops Act 1896 and the Conciliation and Arbitration Act 1899. In 1901, the Government Labour Bureau was transferred to the control of the Department of Public Works, along with the Labour Commission which had been appointed in 1900 with the purpose of '…organising, classifying and controlling all labour not in employment.'[4] Concurrent with the establishment of the Department of Labour and Industry in the 1890s, were the stirrings of an industrial disputes resolution system for NSW, which culminated in the establishment of the Industrial Commission in 1926. The Industrial Commission was intended to arbitrate disputes over pay and work conditions, and was instrumental in the resolution of strikes. Legislation relating to employment and industrial relations passed at the turn of the twentieth century included the Early Closing Act 1899, the Conciliation and Arbitration Act 1899, the Truck Act 1900 and the Industrial Arbitration Act 1901. The The Industrial Disputes Act 1908 gave the Crown a right to intervene into Into the twentieth century, the Department of Labour and Industry continued to play a pivotal role in employment relations in NSW, including the regulation of working conditions and wages, and ensuring occupational health and safety in the workplace, under the Factory and Shop Act 1912. One of the key roles of the Department under the Act was to provide information and advice about working conditions, as outlined below. As such, the Department had a different role to the Industrial Commission, which acted as an independent arbiter in cases of dispute between employer and employee. In 1923, the Department of Labour and Industry undertook construction of its headquarters at The year the foundation stone was laid for the new building at The Dreadnought Scheme, set up in 1911 and administered by the Department of Labour and Industry, facilitated the migration of 'boy migrants' and young men from The role of the Department of Labour and Industry evolved as the twentieth century progressed, and as the pace of industrialisation increased. The Factories and Shops Act 1912 and subsequent amendments to it, had a significant impact on the way that workplaces were set up and monitored. So while the Department still concentrated on providing assistance to the unemployed, through the administering the 'susso' and unemployment relief works, it had a new focus: accident prevention in the workplace, particularly industrial accidents. Under changes to the Factories and Shops Act in 1915, inspectors were appointed State-wide to carry out factory inspections. District offices were established at In 1940, the Department became the Department of Labour and Industry and Social Welfare until the mid-1950s, when the Department of Child Welfare and Social Welfare was established. The health and safety function of the Department took precedence from the 1940s onwards, particularly in the period following World War Two when there was a boom in the manufacturing sector. Under the Factories, Shops and Industries Act 1962, the definition of a 'factory' was widened to encompass '…cool stores, packing houses, ship-building yards, dock yards, wool stores and premises used for the manufacture of dairy products'.[9] By the 1960s and 70s, the Department continued to carry out factory inspections and convened advisory committees on safety standards, but was also engaging in preventative measures by holding conventions and forums on workplace safety, and by distributing occupational health and safety posters, and screening educational films with such titles as 'Don't Loose Your Grip' and 'Don't Be Sawed'. The Department was also responsible for regulating shop trading hours, proclaiming public holidays and prosecuting industrial law breaches where necessary, functions that the present Office of Industrial Relations continues today. The Consumer Protection Act 1969 led the formation of the Consumer Affairs Division within the Department of Labour and Industry in 1969. The Consumer Affairs Division incorporated the Consumer Affairs Bureau, the Weights and Measures Office and the Prices Branch. In 1977, the Department of Consumer Affairs was created as a separate Government Department. In 1979, the Department of Labour and Industry was abolished and a new Department of Industrial Relations and Technology was formed. The following year it was renamed the Department of Industrial Relations. As a result of an amalgamation with the Ministry of Employment in 1986, the Department became known as the Department of Industrial Relations and Employment. The occupational health and safety functions were transferred out of the Department in 1989 to join with the State Compensation Board and form the Workcover Authority of NSW. In 1989, John Fahey, the Minister for Industrial Relations and Employment in the Greiner Government, prepared an Information Paper announcing an overhaul of NSW's Industrial Relations system, resulting in the Industrial Relations Act 1991.[10] The Department was renamed again in 1990 to become the Department of Industrial Relations, Employment, Training and Further Education, to reflect a focus on vocational education and training. In 1995, these functions were transferred out to the Department of Training and Education Coordination and the name changed back to the Department of Industrial Relations. In 2003, the Department of Industrial Relations was abolished and the new Office of Industrial Relations (OIR) was created under the DoC. The commencement of the Federal WorkChoices legislation in March 2006 curtailed the role of the States in the Industrial Relations system because employees of constitutional corporations are now covered by the federal system. Today, the OIR is responsible for '…monitoring employment rights, obligations and conditions in NSW', particularly with regard to unincorporated businesses, by providing advice to individuals, business and Government.[11] The remnant function of the former Departments of Labour and Industry and Department of Industrial Relations is the regulation of shop opening hours and prosecuting breaches of industrial law where necessary. [1] For more on the eight hour day, see: http://www.8hourday.org.au/ [2] Government Labour Bureau, Agency No. 2367: http://www.records.nsw.gov.au [3] NSW Government Gazette (Supplement), 4 December 1896, p.8776; note that there is conflicting information about the exact start date of the Department of Labour and Industry – there is some speculation that the Industrial Disputes Act 1912 led to the creation of the Department of Labour and Industry as a stand-alone Government Department in the following year, absorbing the functions of the State Labour Bureau. From 1896 the Government Labour Bureau was the responsibility of the Minister of Public Instruction and Minister for Labour and Industry. [4] Department of Labour and Industry (1896-1940) / Department of Labour and Industry and Social Services (1940-1944) / Department of Labour and Industry and Social Welfare (1944-1956) / Department of Industrial Relations, No. 413: http://www.records.nsw.gov.au [5] Greg Patmore (ed), Laying the Foundations of Industrial Justice: The Presidents of the Industrial Relations Commission of NSW 1902-1998, The Federation Press, Sydney, 2003, p 54. [6] Arbitration Court was in existence from 1902 to 1926, followed by the Industrial Commission from 1926, which was later renamed the Industrial Relations Commission. [7] The Government Labour Bureau was renamed the State Labour Bureau in 1905; Schey had earlier been one of the first commissioners appointed to the Labour Commission, see ADB Online: William Schey: http://www.adb.online.anu.edu.au/biogs/A110549b.htm [8] Report of the Department of Labour and Industry on the working of Part III of the Factories, Shops and Industries Act 1962, p 14. [9] Report of the Department of Labour and Industry on the working of Part III of the Factories, Shops and Industries Act 1962, p 5. [10] John Fahey, The NSW Government Programme for Modernising Industrial Relations: Information Paper, November 1989 [11] DoC website – 15 June 2007: http://www.commerce.nsw.gov.au/Industrial+Relations/Industrial+Relations.htm |