What is the NSW Industrial Relations Commission and what does it do?

The state's workplace tribunal.

The Industrial Relations Commission of New South Wales is the tribunal that handles industrial and employment matters in the state system. It operates under the Industrial Relations Act 1996 and deals with things like state awards, industrial disputes, and unfair dismissal for the workers it covers. It is separate from the national Fair Work system, and which system covers a worker is the first question in any workplace dispute.

This is general information, not advice on your matter. Whether the IRC or the federal Fair Work system applies to you depends on your employer, and getting that wrong wastes time and can miss a deadline. Our guide on Fair Work versus the NSW IRC explains how to tell which one is yours.

Who does the NSW IRC cover?

The IRC covers workers in the New South Wales state industrial system. In broad terms that is NSW public sector employees, local council workers, and employees of unincorporated state employers, together with people covered by state awards. It does not generally cover employees of trading corporations, most private companies, who are in the national Fair Work system instead. This division is the single most important thing to get right, because it decides where you can bring a claim.

The line is not always obvious. A worker at a private company is usually federal, while a worker at a council or a state government agency is usually state. Because the wrong forum can mean a claim is thrown out or a deadline missed, checking coverage first is the sensible starting point for any workplace dispute in New South Wales.

What does the IRC decide?

The Commission does several jobs. It makes and varies state awards, which set minimum pay and conditions for the workers they cover. It conciliates and arbitrates industrial disputes between employers and unions. It hears unfair dismissal claims for state system employees. And, following recent reforms, it deals with workplace bullying and sexual harassment and with the recovery of unpaid wages in the state system.

In many of these matters the IRC works by conciliation first and arbitration second. It tries to help the parties resolve the dispute by agreement, and only decides the matter itself if they cannot. That reflects the general approach of workplace tribunals, which is to settle disputes quickly and practically rather than run every matter as a full contested hearing.

How have recent reforms changed the IRC?

The NSW Government has expanded the Commission's role. The reforms re-established the IRC as a standalone specialist body, widened its jurisdiction to cover workplace bullying and sexual harassment for state system workers, and raised the amount that can be recovered as unpaid wages in its small claims process. The effect is a Commission that does more than set awards and settle strikes; it is now a forum for individual workplace safety and pay complaints as well.

Our note on the Minns Government's IRC reforms sets out the detail of the changes. The practical result for a state system worker is a wider set of remedies in one place: unfair dismissal, bullying, sexual harassment, and unpaid wages can all be pursued through the Commission, with conciliation built in.

How is the IRC different from a court?

The IRC is a specialist tribunal, not an ordinary court, and it is designed to be more accessible. Its procedures are less formal, it leans on conciliation to resolve matters by agreement, and it aims to be quicker and cheaper than the civil courts. Many people deal with it without a lawyer, especially at the conciliation stage, though for a contested arbitration or a complex matter, representation helps.

Because it is a specialist body, the IRC brings expertise in workplace law that a general court does not. Its members understand awards, industrial disputes and employment relationships, and that expertise shapes how it handles a matter. For the workers and employers it covers, it is the natural home for a workplace dispute, provided the dispute falls in the state system rather than the federal one.

How do you start a matter in the IRC?

You start by lodging the right application for your type of matter, an unfair dismissal application, a bullying or sexual harassment application, a wage recovery claim, or a dispute notification, within the time limit that applies to it. Time limits in workplace matters are short, often measured in weeks, so acting quickly is important. Late applications can be refused, which ends the claim before it is heard.

Once lodged, most individual matters go to conciliation first, where a member of the Commission helps the parties try to resolve the dispute. If that fails, the matter can proceed to arbitration, where the Commission decides it. Getting advice early helps you lodge the right application in the right forum within time, which is the foundation of any workplace claim.

Primary sources: the Commission operates under the Industrial Relations Act 1996 (NSW), which sets its jurisdiction over state awards, industrial disputes and unfair dismissal. The national system operates under the Fair Work Act 2009 (Cth). Recent changes are summarised in our note on the IRC reforms. IRC decisions are searchable on JADE.

Common questions

What is the NSW Industrial Relations Commission?

It is the state's workplace tribunal, operating under the Industrial Relations Act 1996. It makes state awards, resolves industrial disputes, hears unfair dismissal claims in the state system, and, following recent reforms, deals with workplace bullying, sexual harassment and unpaid wages. It is separate from the national Fair Work system.

Who does the NSW IRC cover?

Workers in the New South Wales state industrial system: broadly, NSW public sector employees, local council workers, employees of unincorporated state employers, and people covered by state awards. It does not generally cover employees of trading corporations, most private companies, who are in the national Fair Work system instead.

What can the IRC decide?

It makes and varies state awards, conciliates and arbitrates industrial disputes, hears unfair dismissal claims for state system employees, and, after recent reforms, deals with workplace bullying, sexual harassment and unpaid wage recovery. It works by conciliation first and arbitration second in many individual matters.

How did recent reforms change the IRC?

The reforms re-established the IRC as a standalone specialist body, widened its jurisdiction to cover workplace bullying and sexual harassment for state system workers, and raised the amount recoverable as unpaid wages in its small claims process. It is now a forum for individual workplace safety and pay complaints, not only awards and disputes.

How do you start a matter in the IRC?

Lodge the right application for your matter, unfair dismissal, bullying or sexual harassment, wage recovery, or a dispute notification, within the time limit, which is often short. Most individual matters then go to conciliation first, and to arbitration if that fails. Getting advice early helps you lodge in the right forum within time.

To speak to a workplace lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, Special Counsel at Good Legal Lawyers, as at 30 August 2026. It is general information and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. The law changes and procedure varies from case to case. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More commentary by Aaron Kernaghan.

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