Bills Digest No. 8 2002-03
Workplace Relations Amendment (Improved Protection for
Victorian Workers) Bill 2002
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Concluding Comments
Endnotes
Contact Officer & Copyright Details
Passage History
Workplace Relations Amendment
(Improved Protection for Victorian Workers) Bill
2002
Date Introduced:
21 March 2002
House: House of Representatives
Portfolio: Employment and Workplace
Relations
Commencement:
The two schedules of
this Bill come into effect by Proclamation or one day after 6
months of the Act receiving Royal Assent.
Purpose
To update
employment provisions specified, mainly, under Part
XV and Schedule
1A of the Workplace
Relations Act 1996 (WR Act) applying to Victorian
employees not covered by federal awards and agreements. The
amendments provide:
-
- a more effective right of Victorian employers to stand down
employees at times of no work
-
- enhanced legislated safety net in the areas of bereavement
leave, carers' leave and 'overtime' hours
-
- more effective inspection of Victorian workplaces by
departmental inspectors
-
- minimum rates of pay for textile clothing and footwear contract
outworkers
-
- more effective enforcement of wages and the keeping of wages
records
-
- specific rights of intervention for the Victorian Government in
industrial matters, as well as,
-
- a calculus for the accrual of (existing) annual leave and
personal leave credits for permanent employees.
The Workplace Relations Amendment (Improved
Protection for Victorian Workers) Bill 2002 (the 2002 Bill)
reintroduces provisions first introduced in the Workplace Relations
Legislation Amendment (More Jobs, Better Pay) Bill 1999 featuring
proposals to review and enhance minimum employment provisions
applying to Victorian employees under Schedule 15 of that Bill.
As the 'More Jobs Better Pay' Bill failed to
pass the Senate in November 1999, proposals to review the operation
of Part XV of the WR Act were reintroduced to the Parliament in the
Workplace Relations Amendment (Minimum Entitlements for Victorian
Workers) Bill 2001 (the 2001 Bill).
Debate on this Bill was adjourned at its second
reading in the House of Representatives on 9 August 2001. Bills
Digest No.31 2001 02,(1) which reported on that
Bill also reviewed the 'limited' referral of Victoria's industrial
jurisdiction to the Commonwealth, recounted below.
The transfer of the Victorian State industrial
jurisdiction took place under Victorian and Commonwealth
legislation in 1996 (refer to Bills
Digest 66 1996 97).(2) The State of Victoria
and the Commonwealth entered into an agreement to confer certain
industrial functions on the Commonwealth under a referral of State
powers available under the Constitution [s.51(xxxvii)].
Victoria passed the Commonwealth Powers
(Industrial Relations) Act 1996 (Vic). This Act set out the
limits of this referral, including the ability for the Victorian
Government to unilaterally withdraw from the arrangement at a later
date. As was noted in Bills
Digest 66 1996 97 where a referral is terminated, the
Commonwealth law, to the extent it relies on the referral, ceases
to have effect.(3)
The Federal Government passed the Workplace
Relations and Other Legislation Amendment Act (No.2) 1996.
This Act created Part XV of the WR Act which administers the former
Victorian State industrial jurisdiction as well as facilitating
access to federal agreements and awards.
The provisions which were transferred to the
Commonwealth were those brought about by the industrial legislation
of the Kennett Government in 1992. This law allowed contracts of
employment to be entered into based on five minima. These
being:
-
- annual leave of 4 weeks
-
- 1 weeks paid sick leave
-
- a minimum wage
-
- unpaid maternity, paternity and adoption leave
-
- notice of termination or pay in lieu.
Additional (federal) provisions to the
transferred Victorian minima under Part XV provided access to
unfair and unlawful termination of employment remedies, stronger
equal pay for work of equal value provisions, a stand-down
provision, non-discrimination provisions, workplace bargaining
provisions under the WR Act and rights in respect of freedom of
association. The main features of the new federal provisions
were:
-
- employers with agreements under the Victorian system who wished
to make new agreements (either certified agreements or Australian
Workplace Agreements) would have to meet the Commonwealth's 'no
disadvantage test'
-
- employers who decided to have their workforces remain on
employment agreements entered into under the Victorian system would
have fixed time after which these could not be renewed
-
- Victorian employees would be covered by the Commonwealth's
unfair dismissal system
-
- the constitutional requirements for an interstate dispute to
exist as a precondition for a federal award to be made would be
negated
-
- 'Division 2' (of Part VIB of the WR Act) certified agreements
(a collective agreement made by a union or employees with an
employer which is a corporation) and Australian Workplace
Agreements could be entered into without the Commonwealth
requirement that the employer be a constitutional corporation; ie
these instruments would be available to non-corporate entities such
as partnerships, and
-
- the role of adjusting minimum wage orders was assumed by the
Australian Industrial Relations Commission (AIRC).
As at December 2001, Victorian wage and salary
earners numbered about 2.023 million.(4) The estimates
provided in the previous Bills Digest, gleaned from the
Victorian Industrial Relations Taskforce
Report,(5) suggest that the bulk of this
workforce is employed under the federal award and agreement
jurisdiction.
However, about 560 000 employees work under the
Victorian jurisdiction now administered by the Commonwealth and
regulated under Part XV and Schedule1A of the WR Act. Of these, 235
000 work under Victorian minimum wage orders in conjunction with
the five minimum conditions prescribed in Schedule 1A. At least
this many will directly benefit from the amendments proposed in the
current Bill (for example, through access to carers' leave).
The measures of the current Bill and its two
predecessors have been intended to remedy some defects of the 1992
Victorian legislation and provide some incentive to remain outside
the federal award stream by narrowing the difference between
federal award and Victorian employment
conditions.(6)
The deficiencies of the Victorian system had
become apparent to officers of the (former) Victorian Employee
Relations Commission by 1995(7) and to officers of the
federal Department of Employment, Workplace Relations and Small
Business who expressed concern that the transfer arrangement did
not allow departmental officers to enter Schedule 1A workplaces for
the purposes of inspecting records concerning
employment.(8)
Proposals to review and improve aspects of the
Victorian system were not specifically addressed in the Coalition's
1998 workplace relations policy More Jobs, Better Pay.
References were made to harmonising State and federal industrial
jurisdictions as well as to preventing small business being roped
into federal awards.
The 2001 Coalition policy on workplace relations
Choice and reward in a changing policy did make a
commitment to retaining the Victorian arrangements:
In a third term we will maintain the current
single system of federal workplace relations laws applying in
Victoria, and oppose proposals by the Victorian State Labor
Government to re-create new state industrial laws and duplicate
industrial tribunals and bureaucracies.(9)
The Hon. Tony Abbott MP observed in his
Second Reading Speech(10) to this
Bill that the Victorian Government under Premier Bracks had
introduced a Fair Employment Bill 2000 on 25 October 2000, but it
was ultimately rejected by the Victorian Upper House on 22 March
2001. That Victorian Bill would have reinstated a Victorian
industrial system, and as noted, provision for such an eventuality
was canvassed in the 1996 referral by the making of an order by the
Victorian Governor in Council.(11)
A table comparing provisions of the Victorian
Fair Employment Bill 2000 with the Workplace Relations Amendment
(Minimum Entitlements for Victorian Workers) Bill 2001 can be found
in an appendix attached to Bills
Digest 31 2001 02 (and the current 2002 Bill provides
largely the same provisions as the 2001 Bill).
In response to the Bill, the Victorian Minister
for Industrial Relations, the Hon. John Lenders MP acknowledged
that it marginally improves employment entitlements for Schedule 1A
workers, but falls short on a wide range of measures which were to
be provided in the (Victorian) Fair Employment Bill 2000 and are
available to federal award workers. As he said:
Benefits that are standard in Federal Awards
that this group of workers miss out include;
Loadings for work that occurs late at night, on weekends and on
public holidays; and
Regulation of hours people can work, including the maximum number
of hours in a shift, mandatory breaks between shifts and the time
when work can be undertaken.
The Howard Government is ensuring Victorian businesses continue to
suffer from an uneven playing field. Businesses covered by federal
awards and pay awards rates are being undercut by unscrupulous
operators who don't provide fair terms and
conditions.(12)
Mr Lenders called for amendments to the current
Bill to give the Australian Industrial Relations Commission the
power to make 'common rule' federal awards for Victoria, and to
deem outworkers as employees so they are entitled to the same basic
rights as other workers. The Federal Government has previously
dismissed this approach as 'too complex'.(13)
Mr Lenders has subsequently revisited this
strategy. The details of a new approach and proposed legislation
appeared in the media including The Age in July
2002,(14) and a detailed outline of the latest Victorian
proposal to improve minimum employment standards can be found in
the website, WorkplaceInfo which reported:
the Victorian Government will again ask Howard
to extend federal award standards to Victorian Schedule 1A workers.
It would do this via a mechanism in the Federal Awards (Uniform
System) Bill, to be introduced in the Spring session of Parliament
starting on 10 September, which would refer the powers to the
Federal Government.
If the Government did not adopt the referred
powers, the Bill would work through a second stage to allow the
Victorian Government, via common rule, to apply federal awards
under Victorian legislation via the Victorian Civil and
Administrative Tribunal.
The Bill would be simpler than the Fair
Employment Bill and had already won qualified support from
employers. The Bracks Government had consulted extensively with
employers already, and was happy to hold further
discussions.(15)
Thus, the Victorian proposal is to extend,
presumably a certain group of federal awards as common
rule(16) awards across Victorian industries. Any new
Victorian legislation must face the scrutiny of the State's Upper
House. Important to the successful passage of a new Bill will be
support or otherwise from employers' associations. The Victorian
Employers' Chamber of Commerce and Industry (VECCI) is cautious
over the detail of the new Victorian Bill and is seeking extensive
talks with the Victorian Government.(17) However, VECCI
has also acknowledged that these proposals were more palatable than
the Fair Employment Bill.(18) The Victorian Head of the
Australian Industry Group (AiG), on the other hand, has indicated
that his members support the 2002 Victorian Bill as it represented
a step to a unitary industrial system and would help prevent unfair
competition (ie, competition based on a lower wage/employment
standard). The AiG also prefers this proposal to extend the
application of federal awards to Victorian workers to any
reintroduction of the Victorian Fair Employment
Bill.(19)
In a media release of 19 July 2002, the Minister
for Employment and Workplace Relations, the Hon. Tony Abbott MP
responded to the latest Victorian proposal by noting that it would
be carefully studied. He went on to say:
the announcement that the current Victorian
industrial relations system should be the subject of further
regulation seemed an odd priority when legislation before the
Federal Parliament is aimed at strengthening the Victorian safety
net.
'The Federal Government in March this year
introduced the Workplace Relations Amendment (Improved
Protection for Victorian Workers) Bill 2002. That Bill will
improve the workplace relations arrangements for workers in
Victoria employed under Schedule 1A of the Workplace Relations Act
(estimated at about 500,000 people). It will also assist contract
outworkers in the Victorian textile, clothing and footwear
industries by giving them an entitlement to be paid at the same
rate as employees.'(20)
As can be seen from the Victorian Government's
revised industrial policy, the central intention is to improve the
standards available to Schedule 1A employees. Extension of federal
award provisions (similar to the Victorian Government extension of
minimum wage proposal) would also assist TCF contractors. The
Explanatory Memorandum to this Bill notes the (federal)
Clothing Trades Award 1999 has the potential to
effectively regulate contract outwork.(21) Nevertheless,
the TCF outwork industry has been of special concern to union and
community groups because of its low wages and poor employment
conditions, and has been the subject of two recent Senate Committee
inquiries where the difficulties of applying award conditions have
been discussed.(22) A brief overview of more general
developments to improve conditions for TCF outworkers may thus be
helpful. The relevant union, the Textile, Clothing and Footwear
Union of Australia has sought to bind industry contractors and
retailers to a code of conduct for the benefit of outworkers. The
code would:
-
- accredit retailers and manufacturers
-
- open up signatories records to union inspection
-
- provide a list of all contractors used by firms
-
- undertake that no work be undertaken by outworkers for less
than stipulated by the (relevant TCF) award
-
- accept that outworkers be defined as employees rather than
independent subcontractors.
Alistair Greig who chaired the NSW Department of
Industrial Relations' Outworker Supply Chain Management Project in
2000 reports that in the late 1990s, a National Code of Practice
Committee representing a broad range of industry participants was
formed, and developed a 'No Sweatshop' label for complying firms
based on the above code.(23)
The NSW Government has also taken action
recently to ensure minimum employment conditions apply to TCF
outworkers in that State under its 'Behind the
Label' campaign announced by the Minister for Industrial
Relations, John Della Bosca.
The provisions of the current Bill which deal
with TCF contractors may be seen as restrictive in so far as they
capture relations between, essentially, companies and TCF
contractors and not non-incorporated entities such as partnerships.
Also the provisions set minimum pay standards but do not broach
wider employment matters nor apply to non-TCF contractors.
Nevertheless they may achieve improvements for this group of
workers, although the evidence of these recent campaigns to improve
employment conditions for TCF outworkers suggest that other
approaches above the extension of minimum wage conditions may be
needed.
Non-government views on the provisions of this
Bill may be gleaned from the ALP and Australian Democrat senators
in their consideration of Schedule 15 of the Workplace Relations
Legislation Amendment (More Jobs Better Pay) Bill 1999.
ALP Senators reported in their minority
report on the Schedule 15 of the 1999 Bill, that Schedule 15 of
that Bill did provide some benefits to Schedule 1A workers in
Victoria:
There are some benefits for Victorian employees
in Schedule 15 of the Bill. If passed, Victorian employers would no
longer be able to force their employees to work 70 hours for 38
hours pay, and the Department would at least have powers to
prosecute breaches of the minimum conditions.(24)
ALP senators also noted that the formula used in
the 1999 Bill (and the current Bill) to calculate annual leave
credits excluded the time that the employee was on leave from the
calculation of the credit and would be inferior, over time, to the
annual leave standards prevailing under federal awards and under
State awards.(25)
Likewise, Senator Murray concluded in his
minority report on the 1999 Bill, that although some clauses of
Schedule 15 of the Workplace Relations Legislation Amendment (More
Jobs Better Pay) Bill 1999 might be opposed and other clauses might
be amended,
the schedule is essentially beneficial to the
interests of Victorian employees because it expands the rights of
Industrial Inspectors and broadens out access to minimum
conditions, as such the schedule has much to recommend
it.(26)
Allowing for the difference in views, the Senate
Employment, Workplace Relations, Small Business and Education
Legislation Committee tended to regard the provisions of the 1999
'More Jobs Better Pay' Bill as providing more positives than
negatives, but not by much.
These amendments are to be made to provisions of
the Workplace
Relations Act 1996.
Item 1 inserts subsection
45(3A). It requires that a AIRC Full Bench
must grant a Victorian Minister leave to intervene
in proceedings in two situations: a) where an appeal is made
against the AIRC terminating a bargaining period (for a certified
agreement in a particular enterprise) under paragraph 170MW, and b)
where an appeal is made against a decision of the AIRC in respect
of a Victorian minimum wage order under section 501.
Item 2 repeals and replaces subsection
86(1). These provisions address the inspection of premises
by authorised inspectors, usually employees of the Department of
Employment and Workplace Relations. The current provisions are
retained under subsection 86(1A), however a new subsection 86(1B)
stipulates that inspection functions are to be exercised during
ordinary working hours, or at other times where necessary.
Item 5 adds new subsection
86(4A). These provisions address the requirement for an
person (most likely an employer) to produce documents for
inspection. The provisions stipulate that any such request must be
made in writing, served on the person (including by fax) and that
the document requested be produced at a specified place in not less
than 14 days. Proposed subsection 86(4B) prevents
withholding of documents on the grounds that may incriminate the
person. However, proposed subsection 86(4C)
specifies that any document so produced may not be used in criminal
proceedings against the person, except in the case of obstructing
an inspector.
Item 7 inserts new subsection
170MW(1A). The provisions require the AIRC to grant leave
to a Victorian Minister to intervene in hearings concerning the
termination of a bargaining period for a certified agreement which
may affect a Victorian employee.
Item 10 inserts new subsection
501(2A) which requires the AIRC to grant leave to a
Victorian Minister to intervene in hearings concerning Victorian
minimum wage orders.
Item 11 inserts new section
501A which will allow the AIRC to determine, by order,
that the Commonwealth employment program for disabled workers, the
Supported Wage System (SWS), may apply to the employment of
employees within a job classification. (Currently the SWS may be
accessed on an individual basis).
Item 13 inserts new subsection
502(5A) requiring the AIRC to grant leave to the Victorian
Government to intervene in any minimum wage order matter which is
referred to a Full bench of the AIRC.
Item 15 repeals and replaces subsection
506(2). New subsection 506(2) permits
proceedings to secure a penalty (under section 178 of the WR Act)
or make good an underpayment of entitlements (under section 179)
where a contract of employment (other than an employment agreement)
does not comply with a minimum term or condition applicable under
subsection 500(1). Proposed subsection 506(3)
ensures that common law actions to recover an underpayment can also
be undertaken. These provisions are designed to overcome
inadequacies of section 533 (concerning breaches), however
item 20 will amend section 533 to prevent actions
being taken under section 178 and under section 533.
Item 16 inserts clause 509A as
a minimum condition of employment which will duplicate the current
legislative basis (under section 519) for an employer to stand down
employees. Subsection 509A(1) provides that if a
contract of employment with employee in Victoria (other than an
employment agreement) does not contain provision for the
standing-down of employees who cannot be usefully employed due to
strike, break-down of machinery or any other stoppage of work for
which the employer cannot be reasonably held responsible, the
contract is taken to include a provision mentioned in subsection
509A(2). Subsection 509A(2)(a) allows the employer
to deduct pay for any day or part of a day for which an employee
may not be usefully employed. Subparagraph
509A(2)(b) stipulates that employees' continuity of
employment is not broken by a stand-down. The Explanatory
Memorandum notes that the new provision is required to address
uncertainty with the current provision.
Item 18 repeals and replaces section
514 which will require Victorian employers to maintain
time and wages records for employees under regulations of the WR
Act. The provisions address the inspection of such records and the
issuing of pay-slips.
Item 21 repeals and replaces paragraphs
1(1)(a) and (b) of Schedule 1A (Minimum terms and conditions of
employment). Minimum conditions of employment under clause
1 of the Schedule include paid annual leave 1(1)(a), paid personal
leave 1(1)(b), and under new subparagraph 1(1)(ba)
paid bereavement leave. Item 26 adds paragraphs to
the Schedule which explain the calculation of these forms of
leave.
Items 22 and 23 recognise
payments under the Supported Wage System may be regarded as the
minimum wage.
Item 24 adds paragraph 1(1)(f) to clause
1 of Schedule 1A which specifies that a new minimum
condition of employment is the payment of hours worked in addition
to 38 hours in a working week. Item 25 inserts new
paragraph 1(3) to Schedule 1A which specifies that the
rate of pay for hours worked in excess of 38 is the hourly rate for
the classification.
Item 26 inserts clauses
1A, 1B, 1C, 1D, 1E and 1F to the end of Part 1 of Schedule
1A. Subparagraphs (1)(a) and (b) of proposed
clause 1A provide a formula for the calculation of an
employee's annual leave based on the ordinary hours worked over a
year or part thereof. Subparagraph (2) of the proposed clause
contains rules about the accrual and taking of annual leave.
Proposed clause 1B specifies
the circumstances for the taking of personal leave under subclauses
(1)(a) and (b), these being in circumstances of personal sickness
or for caring for a family member. Proposed subclause (2) specifies
that personal leave is to be paid leave. Proposed subclause (3)
specifies the accrual of personal leave which is 8 days per year
(or part thereof), and proposed subclause (4) specifies that unused
personal leave accrues at the end of each year of employment.
Proposed clause 1C requires
under subclause (1) that an employee's entitlement to sick leave is
conditional upon the employee promptly notifying the employer of an
illness causing an absence. Proposed subclause (2) obliges the
employee to produce a medical certificate or statutory declaration
re the illness. Proposed subclause (3) obliges the employer to pay
for up to 4 days unpaid sick leave in the first 5 months of
employment. The Explanatory Memorandum to the Bill gives the
example of an employee taking 4 days sick leave in the first month
of employment, in which case there would be no sick leave credits
to cover the absence. As these credits accrue, the employer is
obliged to make payments for the sick leave. Proposed subclause (4)
prevents an employee taking sick leave while receiving workers
compensation pay.
Proposed clause 1D provides up
to 5 days of paid personal leave per year may be taken to care for
members of his/her family. Similar conditions apply to the taking
of this leave as apply to taking personal leave.
Proposed clause 1E provides for
2 days of paid bereavement leave on the death of a member of the
employee's immediate household.
Items 28 to 31 concern the new
rights of intervention afforded to the Victorian Government as
provided under items 1,7,10 and 13 of this Bill and allow these
rights to hold in matters already before the relevant tribunal,
with the exception of actions to impose a penalty (and recovery of
arrears) due to a breach of minimum terms of employment; in this
case the breach has to have occurred on or after commencement of
item 15.
Item 33 allows regulations made
in respect to record keeping (of employers) under a provision
proposed for repeal and replacement to continue to have effect
under the replacement provision.
Item 34 provides that annual
leave accrued prior to items 21 and 26 coming into effect stands
and is not affected by the new provisions.
Item 35 provides that sick
leave accumulated prior to items 21 and 26 coming into effect
continues as personal leave accumulated at the time the new
personal leave provisions commence.
Item 36 ensures that new
bereavement leave provisions apply to deaths occurring after the
commencement of the bereavement leave provisions.
Schedule 2 Contract Outworkers in
Victoria in the Textile, Clothing and Footwear Industry
Part 1 Amendment of the Workplace Relations
Act 1996
Item 3 inserts Part XVI
Division 1 Preliminary
Proposed section 537 states the
object of the Part which is to ensure that an outworker in the
textile, clothing or footwear industry is paid not less than the
amount s/he would have been paid as an employee.
Proposed section 538 sets out
definitions of the terms contract outworker, court of competent
jurisdiction and employee as used in this Part.
Division 2 New Commonwealth provisions
Subdivision A General
Proposed subsection 541(3)
provides that the minimum statutory amount to be paid to an
outworker in the textile industry employed under a contract for
service must be the amount the worker would be entitled to be paid
if he or she had performed the work as a Schedule 1A employee in
Victoria.
Proposed section 542 provides
certain powers to inspectors to ensure compliance in the outwork
textile industry with the new minimum wage provisions.
Proposed sections 543 to 548
deal with the imposition of penalties and recovery of pay for TCF
outworkers.
Proposed section 549 parallels section 353A of
the WR Act allowing regulations to be made requiring records of
contracts with outworkers to be made and retained and made
available for inspection.
This Bill is best seen in the context of
Victorian Government's attempt to extricate the State and affected
Victorian workers from the minimum employment conditions regime
essentially put into place by the Kennett Government, and continued
under Part XV of the WR Act. The Federal Government through this
Bill seeks to improve (but not radically change) minimum conditions
under Part XV.
In the conclusion made on the 2001 Bill,
Bills Digest 31 2001 02, it was observed that:
The Victorian Government is disappointed with
the concessions offered in this Bill as it believes it continues
the inferior treatment of Schedule 1A workers in Victoria and
prefers Commonwealth awards to be common rule awards across
Victoria.(27)
As can be seen from developments in July 2002
(reported above), the same view is likely to be held for this Bill.
Its provisions are not significantly ahead of those contained in
the 2001 Bill, while nonetheless offering certain improvements.
Thus the debate is likely to shift to the Victorian scene, with
interest in the detail of the proposed legislative machinery to
apply federal awards to Schedule 1A workers and whether this
transfer has sufficient political support.
Other issues are likely to be whether any
unilateral Victorian decision to terminate arrangements made under
the 1996 referral agreement renders the WR Act's Part XV
inoperative, and, whether the proposed Victorian administrative
machinery is sufficient to apply federal awards as common rule
awards in the event that the Federal Government refuses any
Victorian request for federal amendments. However, without the
specifics of any Victorian legislation (at this time) these issues
remain speculative.
-
- Bills Digest 31 2001 02, Workplace Relations Amendment
(Minimum Entitlements for Victorian Workers) Bill 2001.
- Bills Digest 66 1996 97, Workplace Relations and Other
Legislation Amendment Bill (No.2) 1996.
- ibid.
- ABS, Wage and Salary Earners, December 2001 Cat. No.
6248.
- http://www.irv.vic.gov.au/CA256A500013B52D
- The Victorian Government proposed a higher standard of
employment benefits under its Fair Employment Bill 2000 as compared
to federal award provisions, nevertheless the aim of the current
Bill and its predecessors has been to narrow the difference in
employment standards.
- See
Report on the industrial and employment law system applying under
the Employee Relations Act 1992, as at 31 December
1996, prepared by Susan Zeitz for the Victorian
Industrial Relations Taskforce.
- Submission of the Department of Employment Workplace Relations
and Small Business to the Senate Employment, Workplace Relations,
Small Business and Education Legislation Committee,
Consideration of the Provisions of the Workplace Relations
Legislation Amendment (More Jobs, Better Pay) Bill 1999,
extract reproduced at p.142.
- Liberal Party of Australia. Election 2001, Choice and
reward in a changing workplace.
- House of Representatives, Debates, 21 March 2002,
p.1837.
- see Bills
Digest 66 1996 97, p.3.
- The Hon. John Lenders MP, 'Howard should do the right thing by
Victorian workers',
Media Release, 28 March 2002.
- 'Federal Act : 'too complex' for low-paid Victorian workers' ,
WorkplaceInfo, 9 April 2001.
- 'Poorer workers to regain lost penalties, ALP vows', The
Age 19 July 2002.
- 'Vic puts case for low paid workers to Abbott again',
WorkplaceInfo, (www.workplaceinfo.com.au) 19
July 2002.
- With the exception of federal awards applying to the Northern
Territory and the Australian Capital Territory, federal awards bind
the private sector respondents named in them and not to all
enterprises operating in specific industries.
- 'Vic puts case for low paid workers to Abbott again',
WorkplaceInfo, 19 July 2002.
- 'Vic Govt to refer more IR powers', Workforce ,Issue
1360, p.5.
- 'Poorer workers to regain lost penalties, ALP vows', The
Age 19 July 2002.
- The Hon. Tony Abbott MP, 'Victorian Workplace Relations -
Re-regulation is not the Answer',
Media Release, 19 July 2002.
- Workplace Relations Amendment (Improved Protection for
Victorian Workers) Bill 2002,
Explanatory Memorandum, p.4.
- Senate Economics Reference Committee, Outworkers in the
Garment Industry, (December 1996) and Review of the
Inquiry into Outworkers in the Garment Industry (July 1998).
- Alistair Greig, The struggle for outwork reform in the
Australian clothing industry, Journal of Australian Political
Economy,v.49 June 2002, p.21.
- Senate Employment, Workplace Relations, Small Business and
Education Legislation Committee, Consideration of the
Provisions of the Workplace Relations Legislation Amendment (More
Jobs, Better Pay) Bill 1999, p.367.
- ibid, p.364.
- Senate Employment, Workplace Relations, Small Business and
Education Legislation Committee, Consideration of the
Provisions of the Workplace Relations Legislation Amendment (More
Jobs, Better Pay) Bill 1999, p.400.
- Bills Digest 31 2001 02, Workplace Relations Amendment
(Minimum Entitlements for Victorian Workers) Bill 2001,
p.10.
Steve O'Neill
8 August 2002
Bills Digest Service
Information and Research Services
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