Footnotes
Introduction - The workplace relations legislation amendment (More jobs, better pay) Bill 1999
[1] The Hon.
Peter Reith MP, House of Representatives Hansard, 29 July 1999,
p. 8265
Chapter 1 - Overview
[1] Consideration of the Workplace Relations and Other
Legislation Amendment Bill 1996, Report of
the Senate Economics References Committee, August 1996, Appendix 4
[2] Evidence,
Mr Reginald Hamilton, Canberra, 1 October 1999, pp. 35-6
[3] Evidence,
Mr David Buckingham, Melbourne, 7 October 1999, p. 103
[4] Evidence,
Mr Leigh Hubbard, Melbourne, 7 October 1999, p. 63
[5] National
Wage Case Decision, Full Bench, 10 March 1987, Print G6800
[6] National
Wage Case Decision, Full Bench, 12 August 1988, Print H4000
[7] National
Wage Case Decision, Full Bench, 30 October 1991, Print K0300
[8] Safety
Net Adjustment and Review Decision, Full Bench, 21 September 1994, Print L5300,
p. 39
[9] National
Wage Case Decision, Full Bench, 30 October 1991, Print K0300
Chapter 2 - Objects of the workplace relations ACT 1996
[1] OECD, Economic
Outlook – Preliminary Edition, November 1999, OECD, Paris, p. 57
[2] Submission
No. 423, Australian Council of Trade Unions, vol. 19, p. 4385
[3] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2231
[4] Submission
No. 457, Australian Business Limited, vol. 22, p. 5401
[5] Submission
No. 375, Business Council of Australia, vol. 12, p. 2569
[6] Submission
No. 520, New South Wales Government, vol. 26, pp. 6925-6
[7] Submission
No. 441, Women for Workplace Justice, vol. 21, pp. 5180-81
[8] Evidence,
Ms Jenny George, Canberra, 1 October 1999, p. 26
[9] See for
instance submission No. 267, Master Builders Australia Inc., vol. 6, p. 1231;
Submission No. 375, Business Council of Australia, vol. 12, pp. 2577-8;
Submission No. 399, Australian Chamber of Commerce and Industry, vol. 15, p.
3408
[10] Submission
No. 497, New South Wales Minerals Council Limited, vol. 24, p. 6363
[11] ibid.,
pp. 6363-4
[12] See
Submission No. 267, Master Builders Australia Inc., vol. 6, pp. 1231-2;
Submission No. 392, Australian Industry Group and the Engineering Employers’
Association of South Australia, vol. 14, pp. 3096-7
[13] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2081
[14] Submission
No. 506, The Australian Workers’ Union Queensland Branch, vol. 25, p. 6457
[15] Submission
No. 329, The Department of Employment, Workplace Relations and Small Business,
vol. 11, pp. 2084-5
[16] Submission
No. 423, Australian Council of Trade Unions, vol. 19, pp. 4363-5
[17] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2104
[18] ibid.,
pp. 2116, 2120
[19] Evidence,
Mr Mordy Bromberg, Melbourne, 8 October 1999, pp. 208-9
[20] Submission
No. 460, International Centre for Trade Union Rights, vol. 22, pp. 5584-5
[21] Evidence,
Mr Jonathan Hamberger, Canberra, 28 October 1999, p. 487
[22] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2140
[23] Evidence,
Ms Sally McManus, Sydney, 22 October 1999, p. 264
[24] Submission
No. 267, Master Builders Australia Inc., vol. 22, p. 5770
[25] Evidence,
Mr Tony Maher, Sydney, 22 October 1999, p. 274
[26] Evidence,
Mr Kilian Jeffers, Brisbane, 27 October 1999, p. 450
[27] Submission
No. 424, Australian Manufacturing Workers’ Union, vol. 20, p. 4765
[28] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2153
[29] ibid.,
p. 2156
[30] Submission
No. 441, Women for Workplace Justice Coalition, vol. 21, p. 5185
[31] Evidence,
Ms Susan Halliday, Sydney, 26 October 1999, p.379
[32] Evidence,
Mr Barry Leahy, Canberra, 28 October 1999, p. 540
[33] Evidence,
Mr Jonathan Hamberger, Canberra, 28 October 1999, p. 490
[34] See
Submission No. 496, Dr Barbara Pocock, vol. 24, p. 6194, and Submission No.
472, Human Rights and Equal Opportunity Commission, vol. 23, p. 5800
[35] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. 23, p. 5810
[36] Submission
No. 497, New South Wales Minerals Council, vol. 24, pp. 6364-6
[37] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. 23, p. 5881
[38] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, pp. 2163, 2166
[39] ibid.,
p. 2169
[40] ibid.,
pp. 2169-71
[41] Pregnant
and Productive: it’s a right not a privilege to work while pregnant, Human
Rights and Equal Opportunity Commission, 1999
[42] Evidence,
Mr Mordy Bromberg, Melbourne, 8 October 1999, p. 206
[43] Evidence,
Mr Barry Leahy, Canberra, 1 October 1999, p. 5
Chapter 3 - The impact of the workplace relations ACT 1996
[1] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, pp. 2226-7
[2] ibid.,
p. 2202
[3] ibid.,
p. 2196
[4] Submission
No. 441, Women for Workplace Justice Coalition, vol. 21, pp. 5190-2
[5] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2199
[6] see
chart 25 in Submission No. 329, Department of Employment, Workplace Relations
and Small Business, vol. 11, p. 2227
[7] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, pp. 2227-30
[8] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2221
[9] ibid.,
p. 2223
[10] Submission
No. 423, Australian Council of Trade Unions, vol. 19, pp. 4387
[11] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p.3408
[12] Evidence,
Mr Bernie Yates, Canberra 1 October 1999, p. 13
[13] Evidence,
Ms Linda Rubenstein, Canberra, 1 October 1999, p. 22
[14] Submission
No. 375, Business Council of Australia, vol. 12, p. 2574
[15] Department
of Employment, Workplace Relations and Small Business, Questions on notice from
Canberra hearing 1 October 1999.
[16] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2239-40
[17] Submission
No. 375, Business Council of Australia, vol. 12, p.2622
[18] Submission
No. 267, Master Builders Australia Inc., vol. 6, p. 1234
[19] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2241
[20] See for
example Submission No. 267, Master Builders Australia Inc., vol. 6, pp. 1235-7,
and Submission No. 381, Australian Mines and Metals Association, vol. 13, pp.
2850-1
[21] Submission
No. 423, Australian Council of Trade Unions, vol. 19, pp. 4391-3
[22] Employment
Security and Working Hours – A national survey of current workplace issues,
prepared by Yann Campbell Hoare Wheeler for the Australian Council of Trade
Unions, 1999
[23] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, pp. 2250-1
[24] Submission
No. 473, Queensland Government, vol. 23, p. 5947
[25] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, pp. 2221-5
[26] Submission
No. 375, Business Council of Australia, vol. 12, p. 2576
[27] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2259
[28] Submission
No. 398, Job Watch Inc., vol. 14, p. 3231; Submission No. 484, Fitzroy Legal
Service, vol. 24, p. 6160
[29] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2268
[30] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2277
[31] ibid.,
p. 4427
[32] Submission
No. 423, Australian Council of Trade Unions, vol. 19, p. 4428
[33] Submission
No. 267, Master Builders Australia Inc., vol. 6, pp. 1235-6
[34] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2289
[35] Submission
No. 90, Professor Ronald Clive McCallum, vol. 2, p. 271
[36] Submission
No. 291, Rail, Tram and Bus Union, vol. 17, pp. 1348-9
[37] Submission
No. 473, Queensland Government, vol. 23, p. 5997
[38] Submission
No. 423, Australian Council of Trade Unions, vol. 19, p. 4434
Chapter 4 - Schedule 1 - Object of the workplace relations ACT
[1] Explanatory
Memorandum, p. 3
[2] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2321
[3] The
Continuing Reform of Workplace Relations: Implementation of More Jobs, Better
Pay, May 1999, p. 13
[4] Evidence,
p. 176, Ms W Tobin, Jobwatch Inc.
[5] Evidence,
p. 307, Ms S Mayman, Trades and Labour Council of Western Australia.
[6] Evidence,
p. 324, Mr D Robinson, Community and Public Sector Union.
[7] Submission
No. 381, Australian Mines and Metals Association Inc., vol. 13, p. 2842
[8] ibid.,
p. 7
[9] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, pp. 3331–40
[10] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2344
[11] ibid.
[12] Submission
No. 423, Australian Council of Trade Unions, vol. 19, p. 4440
[13] See Table
6, Submission No. 472, Human Rights and Equal Opportunity Commission, vol. 23,
p. 5827
[14] ibid.,
p. 5865
[15] Evidence,
Mr Bill Shorten, Melbourne, 8 October 1999, p. 146
[16] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3274
[17] Submission
No. 375, Business Council of Australia, vol. 12, p. 2581
Chapter 5 - Schedule 2 - Renaming and restructuring the Australian industrial relations commission and registry
[1] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2323
[2] Evidence,
Professor Ronald Clive McCallum, Sydney, 26 October 1999, p. 349
[3] Submission
No. 423, Australian Council of Trade Unions, vol. 19, p. 4441
[4] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3275
[5] Submission
No. 375, Business Council of Australia, vol. 12, p. 2583
[6] Submission
No. 476, Australian Council of Social Services, vol. 23, p. 6074
[7] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2324
[8] Evidence,
Professor Keith Hancock, Canberra, 28 October 1999, pp. 515-6
[9] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, pp. 2322-3
[10] Detailed
in Submission No. 399, Australian Chamber of Commerce and Industry, vol. 15,
pp. 3275-6
[11] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2326
[12] Submission
No. 375, Business Council of Australia, vol. 12, p. 2583
[13] Submission
No. 377, Professor J Isaac AO, vol. 12, p. 2686
[14] Note that
there are more Deputy Presidents appointed to the Commission, however, the
other Deputy Presidents are dual appointees from State tribunals and are paid
by their respective State tribunals.
[15] Section
80
[16] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2327
[17] See
majority judgement of Dixon CJ, McTiernan, Fullagar and Kitto JJ in The
Queen v. Kirby; Ex parte Boilermakers’ Society of Australia (1956) 94 CLR
254
[18] Evidence,
Professor Joe Isaac, Canberra, 1 October 1999, p. 58
[19] Australian
Industrial Relations Commission website: http://www.airc.gov.au/my_html/members.html,
3 November 1999
[20] See, for
example, minority judgement of Taylor J. in The Queen v. Kirby, ex parte
Boilermakers’ Society of Australia (1956) 94 CLR 254: ‘(The special
character of the arbitral functions) bear little, if any resemblance to
executive or legislative functions as generally conceived; on the contrary,
both in their nature and exercise they present a number of features which are
characteristic of judicial functions.’
[21] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2327
[22] Submission
No. 375, Business Council of Australia, vol. 12, p 2584; Submission No. 397,
Australian Wool Selling Brokers Employers Federation, vol. 14, p. 3221
[23] Submission
No. 474, Chamber of Commerce and Industry Western Australia, vol. 23, p. 6013
[24] Submission
No. 458, Australian Nursing Federation (SA Branch), vol. 22, p. 5454
[25] Submission
No. 460, International Centre for Trade Union Rights, vol. 22, pp. 5501-2
[26] Submission
No. 375, Business Council of Australia, vol. 12, p. 2584 and Attachment D
[27] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2328
[28] ibid.
[29] Submission
No. 375, Business Council of Australia, vol. 12, p. 2584
[30] Submission
No. 468, Law Council of Australia, vol. 22, p. 5732
[31] Submission
No. 375, Business Council of Australia, vol. 12, p. 2584
[32] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, pp. 2324-5.
[33] Submission
No. 481, Tasmanian Chamber of Commerce and Industry Ltd, vol. 24, p. 6144
[34] Submission
No. 299, Ms Bernadine Van Gramberg, Victoria University and Associate Professor
Julian Teichner, Monash University, vol. 7, p. 1436
[35] Submission
No. 375, Business Council of Australia, vol. 12, p. 2584,
[36] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2325
[37] Paragraph
63(1)(b) of the Workplace Relations Act
[38] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2330
Chapter 6 - Schedule 4 - Conciliation and Schedule 5 - Mediation
[1] Subsection
89A(1) of the Workplace Relations Act
[2] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2330
[3] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2331
[4] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3341
[5] Submission
No. 375, Business Council of Australia, vol. 12, p. 2606
[6] Submission
No. 474, Chamber of Commerce and Industry, Western Australia, vol. 23, p. 6015
[7] Evidence,
Mr John Moore, Melbourne, 7 October 1999, p. 81
[8] For
example, see Submission No. 423, Australian Council of Trade Unions, vol. 19,
pp. 4441-2; Submission No. 461, Australian Medical Association, vol. 22, p.
5628; Submission No. 414, Shop Distributive and Allied Employees Association,
vol. 17, pp. 3796-9; Submission No. 416, Independent Education Union of
Australia, vol. 18, p. 4299; Submission No. 295, Ansett Pilots Association,
vol. 7, p. 1390; Submission No. 424, Australian Manufacturing Workers’ Union,
vol. 20, p. 4794-5; Submission No 430, Newcastle Trades Hall Council, vol. 20,
p. 5011; Submission No. 471, Australian Nursing Federation (WA Branch), vol.
23, pp. 5786-7; Submission No. 479, Construction, Forestry, Mining and Energy
Union (United Mineworkers’ Federation Division), vol. 23, pp. 6115-7
[9] For
example, see Submission No. 90, Professor Ronald Clive McCallum, vol. 2, p.
272; Submission 377, Professor Joe Isaac AO, vol. 12, pp. 2689-90
[10] For
example, see Submission No. 456, Mr Jim Nolan, Barrister, vol. 22, pp. 5377-9;
Submission No. 460, International Centre for Trade Union Rights, vol. 22, pp.
5505-9
[11] For
example, see Submission No. 417, Federation of Ethnic Communities’ Councils of
Australia Incorporated, vol. 18, p. 4316; Submission No. 440, Uniting Church in
Australia Board for Social Responsibility, vol. 21, pp. 5161-2; Submission No.
429, Women’s Electoral Lobby, National Pay Equity Coalition and Business and
Professional Women Australia (NSW Division), vol. 20, pp. 4895-6; Submission
441, Women for Workplace Justice Coalition, vol. 21, pp. 5188-9
[12] Submission
No. 392, Australian Industry Group and the Engineering Employers’ Association,
South Australia, vol. 14, p. 3073
[13] Submission
No. 90, Professor Ronal Clive McCallum, vol. 2, p. 272
[14] Submission
No. 377, Professor Joe Isaac AO, vol. 12, p. 2689
[15] Evidence,
Mr Dave Oliver, Sydney, 26 October 1999, p. 395
[16] Evidence,
Mr John Ryan, Melbourne, 8 October 1999, p. 138
[17] Submission
No. 267, Master Builders Australia Incorporated, vol. 6, p. 1238
[18] See, for
example, evidence, Mr Walter Stewien, Melbourne, 8 October 1999, p. 163
[19] Joint problem solving: does it work? An evaluation of ACAS in-depth advisory mediation, Kessler, I. and Purcell, J. ACAS Occasional Paper No. 55 http://www.acas.org.uk/pubs/occp55.htm (7 November 1999)
[20] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2333
[21] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2331
[22] Submission
No. 412, Slater and Gordon Solicitors, vol. 16, pp. 10-11
[23] Evidence,
Mr Walter Stewien, Melbourne, 8 October 1999, p. 166
[24] Evidence,
Mr Bill Shorten, Melbourne, 8 October 1999, pp. 151-2
[25] Evidence,
Mr Lloyd Freeburn, Melbourne, 7 October 1999, p. 74
[26] Evidence,
Mr Robert Herbert, Canberra, 1 October 1999, p. 44
[27] ibid.,
p. 46
[28] Evidence,
Mr Walter Stewien, Melbourne, 8 October 1999, p. 162
[29] Evidence,
Mr Rob Bastian, Canberra, 28 October 1999, p. 523
Chapter 7 - Schedule 6 - Awards
[1] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, pp. 2360-1
[2] ibid.,
p. 2361
[3] ibid.,
p. 2362
[4] ibid.,
p. 2363
[5] Submission
No. 375, Business Council of Australia, vol. 12, p. 2604
[6] Submission
No. 392, Australian Industry Group and the Engineering Employers’ Association,
South Australia, vol. 14, p. 3089
[7] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3340
[8] Evidence,
Mr Rob Bastian, Canberra, 28 October 1999, p. 522
[9] Some
examples of types of demands that do not pertain to the employment relationship
were provided by the Department of Employment, Workplace Relations and Small
Business (Submission No. 329, vol. 11, p. 2361 – claims for an employer to
provide employees with health insurance or to pay for the schooling of
employees’ children) and the Shop Distributive and Allied Employees’
Association (Submission No. 414, vol. 17, pp. 3741-2 – claims for pay roll
deductions of union dues, right of entry of union officials, and union
encouragement clauses)
[10] Evidence,
Ms Linda Rubinstein, Canberra, 1 October 1999, p. 27
[11] In Caledonian
Colleries Ltd & Ors v. The Australasian Coal and Shale Employees’
Federation [No 2] (1930) 42 CLR 558 at pp 579-580 it was held that no real
dispute existed because the log was served by the Federation merely for the
purpose of attracting federal industrial jurisdiction: Australian Labour Law
Reporter, p 3491-2, CCH Australia Ltd, 1999, quoted in Submission No. 414,
Shop Distributive and Allied Employees Association, vol. 17, Attachment 8, p.
4028-9
[12] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2345
[13] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, pp. 3296-7
[14] Submission
No. 167, Australian Catholic Commission for Employment Relations, vol. 4, p.
744
[15] Evidence,
Mr Timothy Ferrari, Sydney, 26 October 1999, p. 358
[16] Evidence,
Ms Fran Hayes, Sydney, 26 October 1999, p. 408; Submission No. 472, Human
Rights and Equal Opportunity Commission, vol. 23, p. 5868; Submission No 520,
New South Wales Government, vol. 26, p. 6926
[17] Submission
No. 177, Construction, Forestry, Mining and Energy Union, Construction &
General Division, vol. 4, pp. 836-7
[18] Evidence,
Ms Petty Li through interpreter Ms Sally Eng, Sydney, 26 October 1999, p. 366
[19] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, pp. 2345-6
[20] Full
Bench, 24 September 1999, Print F0512
[21] Ibid,
quoting the Productivity Commission’s 1998 Report, Work Arrangements in the
Australian Meat Processing Industry
[22] ibid.
[23] ibid.
[24] Evidence,
Mr Sam Beechey, Mrs Barabara Stephens, Melbourne, 8 October 1999, p. 149
[25] Submission
No. 423, Australian Council of Trade Unions, vol. 19, p. 4446
[26] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2346
[27] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3295
[28] Evidence,
Mr Gregory Hatton, Victorian Automotive Chamber of Commerce, Melbourne, 7
October 1999, p. 130, Evidence, Mr John Ryan, Melbourne, 8 October 1999, p. 142
[29] Evidence,
Mr Tony Maher, Sydney, 22 October 1999, p. 274
[30] Section
170CM of WR Act
[31] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2350
[32] Evidence,
Mr Gregory Hatton, Melbourne, 7 October 1999, pp. 130-1; Submission No. 392,
Australian Industry Group and the Engineering Employers’ Association, South
Australia, vol. 14, p. 3086
[33] Submission
No. 380, Construction Forestry Mining and Energy Union (Mining and Energy
Divisions), vol. 13, p. 2803
[34] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3295;
Submission No. 375, Business Council of Australia, vol. 12, p. 2603
[35] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2350
[36] Submission
No 423, Australian Council of Trade Unions, vol. 19, p. 4447-8
[37] Submission
No. 393, Australian Industry Group and the Engineering Employers’ Association,
South Australia, vol. 14, p. 3086
[38] See
Submission No. 392, Australian Industry Group and the Engineering Employers’
Association, South Australia, vol. 14, p. 3085; Submission No. 375, Business
Council of Australia, vol. 12, p. 2603
[39] Submission
No. 399, p 33, ACCI
[40] See, for
instance, Submission No. 400, Ms Maria Cullia; Submission No. 32, Gareth
Rawnsley; Submission No. 288, Peter Ibbott and Sonia Griffin
[41] Submission
No. 423, Australian Council of Trade Unions, vol. 19, p. 4447
[42] Evidence,
Mr Reginald Hamilton, Canberra, 1 October 1999, pp. 37-8
[43] Submission
No. 392, Australian Industry Group and the Engineering Employers’ Association,
South Australia, vol. 14, p. 3086
[44] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2349
[45] Hospitality
Industry Award, Full Bench, 23 December 1997, Print P 7500
[46] Submission
No. 392, Australian Industry Group and the Engineering Employers’ Association,
South Australia, vol. 14, p. 3086; Submission No. 375, Business Council of
Australia, vol. 12, p. 2603
[47] See, for
example, Submission No 423, ACTU, vol. 19, pp. 4445 - 4448
[48] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2350
[49] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3301. See
also Submission No 392, Australian Industry Group and the Engineering
Employers’ Association, South Australia, vol. 14, p. 3086
[50] Submission
No. 380, Construction, Forestry, Mining and Energy Union (Mining and Energy
Division), vol. 13, p. 2803
[51] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2349
[52] Evidence,
John Sutton, Sydney, 22 October 1999, p. 272
[53] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, pp. 2351, 2353
[54] Evidence,
Ms Grace Grace, Brisbane, 27 October 1999, p. 443
[55] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2356
[56] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3308
[57] Submission
No. 375, Business Council of Australia, vol. 12, p. 2604
[58] See, for
instance, Submission No. 423, Australian Council of Trade Unions, vol. 19, p.
4451-2; Submission No. 472, Human Rights and Equal Opportunity Commission, vol.
23, p. 5867; Submission No. 398, Jobwatch Inc., vol. 14, p. 3255-6
[59] Submission
No. 398, Jobwatch Inc., vol. 14, p. 3255-6
Chapter 8 - Schedule 7 - Termination of employment
[1] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2368
[2] Submission
No. 414, Shop Distributive and Allied Employees’ Association, vol. 17, p. 3785
[3] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2377
[4] Submission
No. 423, Australian Council of Trade Unions, vol. 19, p. 4455
[5] Evidence,
Mrs Leyla Yilnmaz, Melbourne, 7 October 1999, p. 135
[6] Submission
No. 389, Victorian Automobile Chamber of Commerce, vol. 13, p. 2960-1
[7] Submission
No. 477, Maurice Blackburn Cashman, vol. 23, pp. 6090-1
[8] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2377
[9] Submission
No. 484, Fitzroy Legal Service, vol. 24, p. 6163
[10] Submission
No. 369, Redfern Legal Centre, vol. 12, p. 2516
[11] Submission
No. 375, Business Council of Australia, vol 12, p. 2619
[12] Evidence,
Mrs Leyla Yilmaz, Melbourne, 7 October 1999, p. 131
[13] Submission
No. 519, McDonald Murholme Solicitors, vol. 26, p. 6915
[14] Submission
No. 484, Fitzroy Legal Service, vol. 24, p. 6163
[15] Submission
No. 468, Law Council of Australia, vol. 22, p. 5728
[16] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2375
[17] Submission
No. 468, Law Council of Australia, vol. 22, p. 5728
[18] Submission
No. 477, Maurice Blackburn Cashman, vol. 23, p. 6094
[19] Submission
No. 463, The Victorian Bar Inc., vol. 22, p. 5673
Chapter 9 - Schedule 8 - Certified agreements, Schedule 9 - Australian workplace agreements
[1] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, pp. 2378-9
[2] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2380
[3] ibid.,
p. 2381
[4] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3289-92
[5] Submission
No. 457, Australian Business Industrial, vol. 22, p. 5415
[6] Evidence,
Mr Dick Grozier, Sydney, 26 October 1999, p. 399
[7] Submission
No. 414, Shop Distributive and Allied Employees Association, vol. 17, p. 3715
[8] Submission
No. 379, Community and Public Sector Union (PSU Group), vol. 13, p. 2727
[9] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2382
[10] Submission
No. 392, Australian Industry Group and the Engineering Employers’ Association,
South Australia, vol. 14, p. 3098
[11] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3293
[12] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2382
[13] ibid,
p. 327
[14] Submission
No. 392, Australian Industry Group and the Engineering Employers’ Association,
South Australia, vol. 14, p. 3099
[15] Submission
No. 430, Newcastle Trades Hall Council, vol. 20, p. 5012
[16] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2383
[17] Submission
No. 375, Business Council of Australia, vol. 12, p. 2594
[18] Evidence,
Mr Roger Boland, Canberra, 1 October 1999, p. 48
[19] Submission
No. 326, Australian Liquor, Hospitality and Miscellaneous Workers Union, vol.
10, p. 1885
[20] Submission
No. 430, Newcastle Trades Hall Council, vol. 20, p. 5013
[21] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2385
[22] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, pp. 3281-2
[23] Submission
No. 414, Shop Distributive and Allied Employees’ Association, vol. 17, p. 3695
[24] Submission
No. 379, Community and Public Sector Union (PSU group), vol. 13, p. 2733
[25] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2386
[26] Submission
No. 329, Australian Chamber of Commerce and Industry, vol. 15, p. 3282
[27] Submission
No. 126, National Union of Workers, vol. 2, p. 466
[28] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2386
[29] Submission
No. 424, Australian Manufacturing Workers Union, vol. 20, p. 4784
[30] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2392
[31] Submission
No. 392, Australian Industry Group/Engineering Employers’ Association South
Australia, vol. 14, p. 3101
[32] Submission
No. 167, Australian Catholic Commission for Employment Relations, vol. 4, p.
750
[33] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, pp. 2387-8
[34] Submission
No. 414, Shop, Distributive and Allied Employees’ Association, vol.17, p. 3713
[35] Submission
No. 497, New South Wales Minerals Council, vol. 24, p. 6366
[36] Evidence, Mr Jonathan Hamberger, 28 October 1999,
p. 488
Chapter 10 - Schedule 11 - Industrial action and schedule 12 - Secret ballots
[1] Evidence,
Mr Robert Herbert, Canberra, 1 October 1999, p. 43
[2] Evidence,
Mr Denis Porter, Sydney, 22 October 1999, p. 216
[3] Evidence,
Mr Tony Maher, Sydney, 22 October 1999, p. 273
[4] Evidence,
Mr Mordy Bromberg, Melbourne, 8 October 1999, p. 208
[5] http://www.dwrsb.gov.au/group_wra/other/btrpay.htm
(November 1999)
[6] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3356
[7] Submission
No. 267, Master Builders Australia, vol. 6, pp. 1234-5
[8] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2392
[9] Submission
No. 468, Law Council of Australia, vol. 22, p. 5733
[10] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2393
[11] Evidence,
Mr Robert Herbert, Canberra, 1 October 1999, p. 45
[12] Submission
No. 375, Business Council of Australia, vol. 12, p. 2607
[13] Evidence,
Ms Robbie Campo, Sydney, 26 October 1999, p. 364
[14] See, for
example: Evidence, Mr Robert Elliot, Melbourne, 8 October 1999, p. 170; and
Evidence, Professor Ronald Clive McCallum, Sydney, 26 October 1999, p. 353
[15] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2393
[16] Evidence,
Dr Brian Jardine, Sydney, 22 October 1999, p. 226
[17] Evidence,
Mr Robert Herbert, Canberra, 1 October 1999, pp. 49-50
[18] ibid.,
p. 50
[19] Submission
No. 392, Australian Industry Group and the Engineering Employers’ Association,
South Australia, vol. 14, p. 3104
[20] Submission
No. 375, Business Council of Australia vol. 12, p. 2627
[21] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, pp. 3357-8
[22] Evidence,
Dr Richard Hall, Sydney, 22 October 1999, p. 252
[23] Evidence,
Mr Robert Elliot, Melbourne, 8 October 1999, pp. 170-1
[24] See, for
example, Evidence, Ms Wendy Caird, Sydney, 22 October 1999, p. 228; and
Evidence, Mr Robert Durbridge, Melbourne, 7 October 1999, p. 120
[25] Evidence,
Mr John Ryan, Melbourne, 8 October 1999, p. 142
[26] Submission
No. 473, Queensland Government, vol. 23, pp. 5988-9
[27] Evidence,
Mr Reginald Hamilton, Canberra, 28 October 1999, p. 533
[28] Evidence,
Mr Alan Grinsell-Jones, Canberra, 28 October 1999, p. 502
[29] Evidence,
Mr James Nolan, Sydney, 26 October 1999, p. 416
[30] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2399
[31] Submission
No. 375, Business Council of Australia vol. 12, pp. 2628-9
[32] Evidence,
Mr Robert Herbert, Canberra, 1 October 1999, p. 45
[33] Submission
No 462, Turner Freeman Solicitors, vol. 22, p. 5666
[34] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, pp. 2400-1
[35] Evidence,
Mr Alan Grinsell-Jones, Canberra, 28 October 1999, p. 502
[36] Submission
No. 392, Australian Industry Group and the Engineering Employers’ Association,
South Australia vol. 14, p. 3114
[37] Evidence,
Mr Robert Elliot, Melbourne, 8 October 1999, p. 174
[38] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2391
[39] Evidence,
Mr Bruce Williams, Perth, 25 October 1999, p. 313
[40] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3363
[41] Evidence,
Mr Lloyd Freeburn, Melbourne, 7 October 1999, p. 73
[42] Evidence,
Professor Joseph Isaac, Canberra, 1 October 1999, p. 55
[43] Evidence,
Ms Robbie Campo, Sydney, 26 October 1999, p. 364
[44] Evidence,
Professor Ronald McCallum, Sydney, 26 October 1999, p. 350
[45] Evidence,
Ms Stephanie Mayman, Perth, 25 October 1999, p. 307
[46] Evidence,
Mr Brendan McCarthy, Perth, 25 October 1999, p. 316
Chapter 11 - Schedule 13 - Right of entry
[1] Submission
No. 470, Master Builders’ Association of Western Australia, vol. 22, p. 5770
[2] Evidence,
Mr Kim Richardson, Perth, 25 October 1999, p. 295
[3] Submission
No. 328, Office of the Employment Advocate, vol. 10, pp. 2029-2030
[4] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2149-50
[5] ibid.
[6] Submission
No. 414, Shop, Distributive and Allied Employees Union, vol. 17, p. 3683-5
[7] Submission
No. 460, International Centre for Trade Union Rights, vol. 22, p. 5572
[8] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3371
Chapter 12 - Schedule 14 - Freedom of association
[1] Evidence,
Miss Claire Hamilton, Canberra, 1 October 1999, p. 20
[2] Submission
No. 375, Business Council of Australia, vol. 12, p. 2644
[3] Submission
No. 392, Australian Industry Group and the Engineering Employers’ Association,
South Australia, vol. 14, pp. 3119-20
[4] Submission
No. 473, Queensland Government, vol. 23, p. 5981
[5] Evidence,
Mr John Sutton, Sydney, 22 October 1999, p. 272
[6] Evidence,
Mr Lloyd Freeburn, Melbourne, 7 October 1999, p. 73
[7] Supplementary
submission, Department of Employment, Workplace Relations and Small Business,
Questions arising from hearing, Canberra, 1 October 1999
[8] Submission
No. 130, Western Ceilings, vol. 2, p. 488
[9] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2412
[10] Submission
No. 375, Business Council of Australia, vol. 12, p. 2643
[11] ibid.,
p. 2642
[12] Submission
No. 381, Australian Mines and Metals Association Inc, vol. 13, p. 2855
[13] Evidence,
Mr John Ryan, Melbourne, 8 October 1999, p. 141
[14] Evidence,
Mr Joseph De Bruyn, Brisbane, 27 October 1999, pp. 422-3
[15] Evidence,
Mr Jonathan Hamberger, Canberra, 28 October 1999, p. 490
[16] Evidence,
Mr Jonathan Hamberger, Canberra, 28 October 1999, p. 489
[17] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2408
[18] Submission
No. 392, Australian Industry Group and the Engineering Employers’ Association,
South Australia, vol. 14, pp. 3118-9
[19] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, pp. 3366-7
[20] Evidence.
Mr Alan Grinsell-Jones, Canberra, 28 October 1999, p. 502
[21] Submission
No. 381, Australian Mines and Metals Association Inc, vol. 13, p. 2855
[22] Submission
No. 411, Association of Non-English Speaking Background Women of Australia,
vol. 16, p. 3497
[23] Submission
No. 311, Good Shepherd Social Justice Network, vol. 8, p. 1523
Chapter 13 - Schedule 15 - Matters referred by Victoria
[1] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2413
[2] Submission
No. 468, Law Council of Australia, vol. 22, p. 5731
[3] Evidence,
Ms Wendy Tobin, Melbourne, 8 October 1999, pp. 177, 182
[4] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2414
[5] ibid.,
p. 2415
[6] Submission
No. 398, Jobwatch Inc., vol. 14, p. 3258
[7] Submission
No. 414, Shop Distributive and Allied Employees’ Association, vol. 17, p. 3780
Chapter 14 - Schedule 16 - Independent contractors
[1] Re
Dingjan; Ex parte Wagner (1995) 1983 CLR 323
[2] Submission
No. 375, Business Council of Australia, vol. 12, pp. 2646-7
[3] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3384. The
relevant legislation is: Trade Practices Act 1974 (Cth), ss 51AA, 52
& 87; Fair Trading Act 1985 (Vic), s 11; Industrial Relations Act
1996 (NSW), s106; Industrial Relations Act 1996 (Qld), ss275 &
276.
[4] Evidence,
Mr John Ryan, Melbourne, 8 October 1999, p. 142
[5] Submission
No. 93, Transport Workers’ Union of Australia (Victorian and Tasmanian Branch),
vol. 2, p. 289
[6] Submission
No. 442, Rev Tim Costello, vol. 21, p. 5200
[7] Submission
No. 369, Redfern Legal Centre, vol. 12, p. 2517
[8] Evidence,
Senator Andrew Murray, Canberra, 1 October 1999, p. 40
[9] Treasurer,
Press Release No. 074, ‘The New Business Tax System: Stage 2 Response’,
11 November 1999
Chapter 1 - Overview
[1]
The Hon. Peter Reith MP, 21 November 1996, House of Representatives, Hansard,
p. 7217.
[2]
The Hon. Bob McMullan MP, 30 May 1996, House of Representatives, Hansard,
p. 1826.
[3]
Report on Consideration of the Workplace Relations and other Legislation
Amendment Bill 1996, Senate Economics References Committee, August 1996, pp.
231-43.
[4]
John Howard, The 1999 Hollingworth Trust
Lecture On Youth Unemployment, "Opportunities For Australian Youth",
Melbourne, 10 June 1999.
[5]
Submission 328, The Employment Advocate, vol. 10, pp. 2006-7.
[6]
Evidence, Wendy Caird, Sydney, 22 October 1999, pp. 227-8.
[7]
Evidence, Brian Jardine, Sydney, 22 October 1999, p. 229.
[8]
"A critical analysis of the
Reith Proposals" by over 80 of Australia's Leading Industrial Barristers
and Solicitors, 2 July 1999
[9]
Evidence, Ms Stephanie Mayman, Perth, 25 October 1999, p. 307.
[10] Submission
no. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2060
[11]
Evidence, Mr Lloyd Freeburn, Melbourne, 7 October 1999, p 73.
[12]
Submission no. 472, Human Rights and Equal Opportunity Commission,
vol. 23, pp. 5819-24.
[13]
Evidence, Commissioner Susan Halliday, Sydney, 26 October 1999, p.
378.
[14]
Submission no. 472, Human Rights and Equal Opportunity Commission,
vol. 23, p. 5801.
[15] Submission
473, Queensland Government, vol. 23, p. 5947.
[16] Evidence,
Dr Barbara Pocock, Canberra, 28 October 1999, p. 516.
[17] Submission
496, Dr Barbara Pocock, vol. 24, p. 6191.
[18] ibid.
Chapter 2 - Economic conditions
[1] Evidence,
Mr Hugh McBride, Melbourne, 7 October 1999, p. 123.
Chapter 3 - International obligations
[1] The
assistance of Ms Helen Nezeritis, Australian National University Parliamentary
Intern, is gratefully acknowledged in the research for this chapter.
[2] Report on Consideration of the
Workplace Relations and other Legislation Amendment Bill 1996, Senate Economics
References Committee, August 1996 pp 231-243. For a brief explanation of the
history and processes of the ILO, see pp 231-234
[3]
CEACR:
Individual Observation concerning Convention No. 87, Freedom of Association and
Protection of the Right to Organise, 1948 Australia (ratification: 1973)
Published: 1999, http://ilolex.ilo.ch:1567/public/50normes/ilolex/pdconv.pl?host=status01&textbase=iloeng&document=4524&chapter=6&query=%28Australia%29+%40ref+%2B+%28%23classification%3D02%5F01%2A%29+%40ref&highlight=&querytype=bool,
25 November 1999
CEACR: Individual Observation
concerning Convention No. 98, Right to Organise and Collective Bargaining, 1948
Australia (ratification: 1973) Published: 1998 http://ilolex.ilo.ch:1567/public/50normes/ilolex/pdconv.pl?host=status01&textbase=iloeng&document=4031&chapter=6&query=%28Australia%29+%40ref+%2B+%28%23classification%3D02%5F01%2A%29+%40ref&highlight=&querytype=bool,
25 November 1999
[4] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11 p. 2193
[5]
Tom Fisher, International Labour Conference, 86th Session,
Geneva, June 1998, Committee on the Application of Standards, 16th
sitting, 12 June 1998, p. 61
[6] ILO
Handbook of Procedures Relating to International Labour Conventions and Recommendation,
paragraph 53.
[7]
Evidence, Mr Barry Leahy, Canberra, 1 October 1999, p. 7
[8]
CEACR: Individual Observation concerning Convention No. 87, Freedom
of Association and Protection of the Right to Organise, 1948 Australia
(ratification: 1973) Published: 1999 http://ilolex.ilo.ch:1567/public/50normes/ilolex/pdconv.pl?host=status01&textbase=iloeng&document=4524&chapter=6&query=%28Australia%29+%40ref+%2B+%28%23classification%3D02%5F01%2A%29+%40ref&highlight=&querytype=bool,
25 November 1999
[9]
International Labour Conference, 86th Session, Geneva,
June 1998; Committee on the Application of Standards, 16th sitting,
12 June 1998, p 66
[10] Department of Employment, Workplace
Relations and Small Business, Questions Arising from Hearing 1 October 1999, p.
2
[11] ibid, p 80
[12] CEACR: Individual Observation
concerning Convention No. 87, Freedom of Association and Protection of the
Right to Organise, 1948 Australia (ratification: 1973) Published: 1999 http://ilolex.ilo.ch:1567/public/50normes/ilolex/pdconv.pl?host=status01&textbase=iloeng&document=4524&chapter=6&query=%28Australia%29+%40ref+%2B+%28%23classification%3D02%5F01%2A%29+%40ref&highlight=&querytype=bool,
25 November 1999
[13] Sydney
Morning Herald, 7 October 1999, p. 19
[14] Submission
No. 290, The Evatt Foundation, vol. 7, p.1343
[15]
Creighton, B., 1998, The ILO and Protection of Fundamental Human
Right in Australia, Melbourne University Review, vol. 22(2), p. 247
[16] Submission
No. 460, International Centre for Trade Union Rights, vol. 22, p. 5566
[17]
See comments of International Labour Office in WA Trades and Labour
Council (Sep. 1999), submission to Senate Employment, Workplace Relations Small
Business and Education Legislation Committee, Schedule B
[18]
Submission No. 460, International Centre for Trade Union Rights, vol.
22, p. 5574.
[19] ibid,
pp. 5544-50
[20] ibid,
p. 5545
[21] Submission
No. 480, Working Women’s Centre Tasmania, vol. 24, p. 6132
[22]
Submission No. 434, Trades and Labour Council of Western Australia,
vol. 21, Schedule B
[23]
‘A Critical Analysis of the Reith Proposals by over 80 of Australia’s
Leading Industrial Barristers and Solicitors’, 2 July 1999, p.7.
[24]
Submission No. 423, Australian Council of Trade Unions, vol. 19, p.
4471
[25]
Submission No. 456, Jim Nolan, vol. 22, p.5363
[26]
See, for instance, Evidence, Ms Sally McManus, Sydney, 22 October 199,
p. 263
[27]
Submission No. 423, Department of Employment, Workplace Relations and
Small Business, vol. 11, p. 2209
[28] Article 22 Report on the Right to
Organise and Collective Bargaining Convention 1949 (No. 98) for the period 1
July 1997 to 30 June 1999, p.34
[29]
Proposed section 170VD, Item 1 of Schedule 9 to the Bill
[30]
See, for instance: Human Rights and Equal Opportunity Commission,
Submission No. 472, vol. 23, pp. 5818-24; Australian Medical Association,
Submission No. 461, vol. 22, pp. 2622-29; Kingsford Legal Centre, Submission
No. 253, vol. 6, pp. 1155-6; Liberty Victoria, Submission No. 172, pp. 0810-15;
Australian Council of Trade Unions, Submission No. 423, vol. 19, pp. 4373-78;
International Centre for Trade Unions Rights, Submission No. 460, vol. 22, pp.
5472-5621; Newcastle Trades Hall Council, Submission No. 430, vol. 20, p. 4998
Chapter 4 - Standing of the Australian industrial relations commission
[1] Submission
No. 423, Australian Council of Trade Unions, vol. p. 1
[2] Submission
No. 430, Newcastle Trades Hall Council, vol. 20 p. 21
[3] Evidence,
Pamela Curr, Fair Wear Campaign, Sydney, 26 October 1999, p. 367
[4] Submission
No. 71, Mr John Griffiths and family
[5] Submission
No. 48, Mr Edward Baldyga
[6] Submission
No. 63, Ms Judith Walpole
[7] Submission
No. 78, Ms Eve Matsakos
[8] Submission
No. 430, Newcastle Trades Hall Council, vol. 20, p. 21
[9] Evidence,
Mr Timothy Lee, Perth, 25 October 1999, p. 327
[10] Dr David
Peetz, Submission No. 386, vol. 13, p. 34
[11] Evidence,
Professor Keith Hancock, Canberra, 28 October 1999, p. 515
[12] Evidence, p. E 773, M. Carter (Australian Road Transport Industrial Organisation)
[13] Submission
No. 377, Professor Joe Isaac AO, vol. 12, p. 1
[14] Submission
No. 15
[15] Submission
No. 377
[16] Department
of Employment, Workplace Relations and Small Business, Submission No. 329, p
271
[17] Submission
No. 15, Professor Keith Hancock, National Institute of Labour Studies, p. 9
[18] Professor
Ronald McCallum, Submission No. 90, p.
4
[19] Professor
Joseph Isaac, Evidence, Canberra, 1 October 1999, p. 56
[20]
Australian Chamber of Commerce and Industry, Submission No. 399, p. 10
[21]
Australian Industry Group and the Engineering Employers’ Association,
South Australia, Submission No. 392, p. 10
[22]
Australian Nursing Federation (SA Branch), Submission No. 458, p. 9
[23]
International Centre for Trade Union Rights, Submission No. 460, pp.
22-3
[24]
The Victorian Bar Incorporated, Submission No. 463, pp. 4-5
[25] See
majority judgement of Dixon CJ, McTiernan, Fullagar and Kitto JJ in The
Queen v. Kirby; Ex parte Boilermakers’ Society of Australia (1956) 94 CLR
254
[26]
See, for example, minority judgement of Taylor J. in The Queen v.
Kirby, ex parte Boilermakers’ Society of Australia (1956) 94 CLR 254 at p
???: “[The special character of the arbitral functions] bear little, if any
resemblence to executive or legislative functions as generally conceived; on
the contrary, both in their nature and exercise they present a number of
features which are characteristic of judicial functions.”
[27]
Professor Joe Isaac AO, Submission No. 377, p. 4
[28]
Department of Employment, Workplace Relations and Small Business,
Submission No. 329, p. 289
[29]
Australian Industry Group and the Engineering Employers’ Association,
South Australia, Submission No. 392, pp. 22-23
[30]
Australian Catholic Commission for Employment Relations, Submission
No. 167, p. 20
[31]
Timothy Ferrari, Australian Liquor Hospitality and Miscellaneous
Workers’ Union, Evidence, Sydney, 26 October 1999, p. 358
[32]
Australian Council of Social Services, Submission No. 476, p. 5
[33]
Linda Rubinstein, Australian Council of Trade Unions, Evidence,
Canberra, 1 October 1999, p. 22
[34]
Robert Durbridge, Australian Education Union, Evidence, Melbourne, 7
October 1999, p. 114
[35]
Dr Simon Blackwood, Queensland Department of Employment, Training and
Industrial Relations, Evidence, Brisbane, 27 October 1999, p. 468
[36]
Construction Forestry Mining and Energy Union (Construction &
General Division), Submission No. 177, pp. 6-7
[37]
Australian Council of Trade Unions, Submission No. 423, p. 82
[38]
Petty Li, Fair Wear Campaign, through Ms Sally Eng (interpreter),
Evidence, Sydney, 26 October 1999, p. 366
[39]
Dr Iain Campbell, Centre for Applied Social Research, RMIT University,
Evidence, Melbourne, 8 October 1999, p. 188
[40]
Andrew Thomas, Australian Rail, Tram and Bus Industry Union, Evidence,
Sydney, 22 October 1999, p. 289
[41] Department
of Employment, Workplace Relations and Small Business, Submission No. 329, p.
290
[42] Australian
Industry Group and the Engineering Employers’ Association, South Australia,
Submission No. 392, p. 23
[43] Gregory
Hatton, Motor Traders Association of New South Wales, Evidence, Melbourne, 7
October 1999, p. 130
[44] John
Ryan, Australian Catholic Commission for Employment Relations, Evidence,
Melbourne, 8 October 1999, p. 142
[45] Tony
Maher, Construction Forestry Mining and Energy Union, Evidence, Sydney, 22
October 1999, p. 274
[46] Reginald
Hamilton, Australian Chamber of Commerce and Industry, Evidence, Canberra, 28
October 1999, p. 523
[47] More
Jobs, Better Pay, September 1999, p. 31
[48] Governor-General’s
Speech Address-in-Reply, Senator Carr, Hansard p. 163, 11 November 1998
[49] Australasian
Meat Industry Employees’ Union, Submission No. 521, vol. 26, pp. 6944-5
[50] Print
F0512, 24 September 1999
[51] Samuel
Beechey, Australian Workers’ Union, Evidence, Melbourne, 8 October 1999, p. 149
[52] Barbara
Stevens, Australian Workers’ Union, Evidence, Melbourne, 8 October 1999, p. 149
[53] Australian
Council of trade Unions, Submission No. 423, p. 83
[54]
Department of Employment, Workplace Relations and Small Business,
Submission No. 329, p. 275
[55] Australian
Chamber of Commerce and Industry, Submission No. 399, p. 75
[56] Business
Council of Australia, Submission No. 375, p. 44
[57]
John Moore, Institute for Private Enterprise, Evidence, Melbourne, 7
October 1999, p. 81
[58]
Professor Keith Hancock, National Institute of Labour Studies,
Submission No. 15, p. 10
[59]
Professor Joe Isaac AO, Submission No. 377, p. 7
[60] Professor
Ronald McCallum, Submission No. 90,
p. 4
[61]
For example, see Australian Council of Trade Unions, Submission No.
423, pp. 78-9; Australian Medical Association, Submission No. 461, p 4; Shop
Distributive and Allied Employees’ Association, Submission No. 414, pp. 456-8;
Independent Education Union of Australia, Submission No. 416, p. 12; Ansett
Pilots Association, Submission No. 295, p. 2; Australian Manufacturing Workers’
Union, Submission No. 424, pp. 68-9; Newcastle Trades Hall Council, Submission
No. 430, p. 25; Australian Nursing Federation (WA Branch), Submission No. 471,
p. 7; Construction, Forestry, Mining and Energy Union (United Mineworkers’
Federation Division), Submission No. 479, pp. 10-12
[62]
For example, see Jim Nolan, Submission No. 456, pp 28-30;
International Centre for Trade Union Rights, Submission No. 460, pp. 26-30
[63]
For example, see Federation of Ethnic Communities’ Councils of
Australia Incorporated, Submission No. 417, p. 6; Uniting Church in Australia
Board for Social Responsibility, Submission No. 440, pp. 2-3; Womens’ Electoral
Lobby, National Pay Equity Coalition and Business and Professional Women
Australia (NSW Division), Submission No. 429, pp. 19-20; Women for Workplace
Justice Coalition, Submission 441, pp. 11-12
[64]
Australian Industry Group and the Engineering Employers’ Association,
South Australia, Submission No. 392, p. 11
[65]
Robert Herbert, Australian Industry Group, Evidence, Canberra, 1
October 1999, p. 44
[66]
Jim Nolan, Submission No. 456, p. 29
[67]
Department of Employment, Workplace Relations and Small Business,
Submission No. 329, p. 276
[68]
Professor J Isaac AO, Submission No. 377, p. 6
[69]
Dave Oliver, Australian Manufacturing Workers’ Union, Evidence,
Sydney, 26 October 1999, p. 395
[70]
Australian Nursing Federation (Western Australian Branch), Submission
No. 471, p. 7
[71]
Australian Council of Trade Unions, Submission No. 423, p. 79
[72]
John Ryan, Australian Catholic Commission for Employment Relations,
Evidence, Melbourne, 8 October 1999, p. 138
[73]
Women for Workplace Justice Coalition, Submission No. 441, pp. 11-12
[74]
Master Builders Australia Incorporated, Submission No. 267, p. 9
[75]
Alan Grinsell-Jones, Master Builders Australia, Evidence, Canberra, 28
October 1999, p. 508
[76]
Independent Education Union of Australia, Submission No. 416, p. 12
[77]
Professor J Isaac AO, Submission No. 377, p. 6
[78]
Uniting Church in Australia Board for Social Responsibility,
Submission No. 440, p. 2
Chapter 5 - Standing of the office of the employment advocate
[1]
Office of the Employment Advocate, Annual Report 1998-1999, p. 6
[2]
Evidence, Dr David Peetz, Brisbane, 27 October 1999, p. 433
[3] ibid, p.
433
[4] Submission No.
386, Dr David Peetz, vol.13, p 2894
[5]
Evidence, Mr Tim Lee, Perth, 25 October 1999, p 327
[6]
Evidence, Ms Susan Halliday, Sydney, 26 October 1999, p 378
[7]
Evidence, Ms Susan Halliday, Sydney, 26 October 1999, p 378
[8]
Report on Consideration of the Workplace Relations and other Legislation
Amendment Bill 1996, Senate Economics References Committee, August 1996, pp.
106-9
[9]
Evidence, Linda Carruthers, Sydney, 22 October 1999, p 284
[10] Evidence, Peter
O’Brien, 27 October 1999, p. 481
[11]
Case study undertaken by ACIRRT on behalf of the OEA, November 1999, pp 12 –
13, 25
[12]
Submission No. 373, ALHMWU (ACT), vol. 12, p 2541
[13]
Evidence, Mr John Sutton, Sydney, 22 October 1999, p 271
[14]
Submission No. 291, Australian Rail, Tram and Bus Industry Union, vol. 7, pp.
1348-9
[15]
ibid., p. 1353
[16]
Submission No. 414, Shop Distributive and Allied Employees Association, vol.
17, Attachment 4, pp. 3869-3915
[17]
Submission No. 500 and 500A, Communications Electrical Plumbing Union, vol. 24,
pp. 6388-6412
[18]
Submission No. 521, Australasian Meat Industry Employees Union, vol. 26, pp.
7080-4
[19]
Submission No. 379, Community and Public Sector Union, vol. 13, pp. 2708-35
[20]
Evidence, Mr Andrew Killion, Sydney, 26 October 1999, p 388
[21]
Submission No. 444, Australian Liquor, Hospitality and Miscellaneous Workers
Union (WA), vol. 21, p. 5258
[22]
Submission No. 447, Transport Workers Union, vol. 21, p. 5296
[23]
Submission No. 163, Transport Workers Union (Qld), vol. 3, pp. 639-40;
Evidence, Mr Hug Williams, Brisbane, 27 October 1999, p. 461
[24]
Submission No. 445, Community and Public Sector Union (NT), vol. 21, p. 5272
[25]
Evidence, Professor Ronald McCallum, Sydney, 26 October 1999, p. 349
[26]
Evidence, Jonathon Hamberger, Canberra, 28 October 1999, p. 488
Chapter 6 - Balance and bargaining
[1] For
example see Submission No. 521, Australasian Meat Industry Employees’ Union,
vol. 26, pp. 7080-4
[2] Submission
No. 178, Australian Nuclear Science and Technology Organisation, vol. 4, p. 870
[3] Senate
Economics References Committee, Report on Consideration of the Workplace
Relations and Other Legislation Amendment Bill 1996, August 1996, p. 168
[4] Submission
No. 386, Dr David Peetz, vol. 13, p. 2893
[5] Submission
No. 423, Australian Council of Trade Unions, vol. 19, pp. 4420-1
[6] Lee, M.
and Peetz, D., Trade Unions and the Workplace Relations Act, Labour and
Industry, vol. 9, no. 2, December 1998, pp. 15-16
[7] Mr Tony
Maher, Hansard, Sydney, 22 October 1999, p. 274
[8] Evidence,
Mr Paul Davey, Brisbane, 27 October 1999, pp. 474-5
[9] Evidence,
Ms Karen Batt, Melbourne, 8 October 1999, pp. 282-3
[10] Submission
No. 386, Dr David Peetz, vol. 13, p. 2891
[11] ibid.,
p. 2916
[12] Submission
No. 386, Dr David Peetz, vol. 13
[13] Ministerial
Discussion Paper, Flexibilities available in agreement-making, May 1998
[14] Evidence,
Ms Lynn Tacey, Canberra, 1 October 1999, p. 10
[15] Evidence,
Ms Wendy Caird, Sydney, 22 October 1999, p. 227
[16] Submission
No. 386, Dr David Peetz, vol. 13, pp. 2924-5
[17] Submission
No. 90, Professor Ronald McCallum, vol. 2, pp. 273-4
[18] Submission
No. 267, Master Builders Australia Inc., vol. 6, pp. 1234-5
[19] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, pp. 2391-2
[20] para. 84
[21] Submission
No. 460, International Centre for Trade Union Rights, vol. 22, p. 5549
[22] Submission
No. 468, Law Council of Australia, vol. 22, p. 5733; and submission No. 460,
International Centre for Trade Union Rights, vol. 22, p. 5549
[23] Submission
No. 386, Dr David Peetz, vol. 13, p. 2927
[24] Submission
No. 379, Community and Public Sector Union, vol. 13, p. 2730
[25] Evidence,
Mr Robert Herbert, Canberra, 1 October 1999, p. 65
[26] Submission
No. 393, Australian Education Union, vol. 14, p. 3145
[27] Workplace
Relations Legislation Amendment (More Jobs, Better Pay) Bill 1999, p.185
[28] For
example, see submission no. 392, Australian Industry Group and the Engineering
Employers’ Association, South Australia, vol. 14, p. 3112
[29] Submission
No. 392, Australian Industry Group and the Engineering Employers’ Association,
South Australia, vol. 14, pp. 3103, 3109
[30] See for
example: Submission No. 267, Master Builders Australia Inc., vol. 6, pp.
1231-4; Submission No. 375, Business Council of Australia, vol. 12, p. 2630;
Submission No. 392, Australian Industry Group and the Engineering Employers’
Association, South Australia, vol. 14, pp. 3104-7; Submission No. 399,
Australian Chamber of Commerce and Industry, vol. 15, pp. 3366-7; Submission
No. 381, Australian Mines and Metals Association Inc., vol. 13, p. 2847; and
Submission No. 167, Australian Catholic Commission for Employment Relations,
vol. 4, p. 752
[31] Submission
No. 386, Dr David Peetz, vol. 13, p. 2927
[32] Submission
No. 377, Professor Joesph Isaac, vol. 12, pp. 2692-3
[33] ibid.
[34] Submission
No. 329 Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2050
[35] Submission
No. 167, Australian Catholic Commission for Employment Relations, vol. 13, p.
751
[36] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2285
[37] Submission
No. 392, Australian Industry Group and the Engineers Employers’ Association,
South Australia, vol. 14, p. 3112
[38] ibid.,
p. 2286
[39] ibid.
[40] Submission
No. 267, Master Builders Australia Inc., vol. 6, p. 1240
[41] Submission
No. 393, Australian Education Union, vol. 14, p. 3154
[42] Submission
No. 423, Australian Council of trade Unions, vol. 19, p. 4470
[43] ibid.
[44] Section
136
[45] Ministerial
Discussion Paper, Pre-industrial action secret ballots, August 1999, p.
3
[46] Submission
No. 457, Australian Business Limited, vol. 22, p. 5434
[47] Evidence,
Mr Lloyd Freeburn, Melbourne, 7 October 1999, p. 78
[48] Submission
No. 423, Australian Council of Trade Unions, vol. 19, p. 4471
[49] ibid.,
p. 4474
[50] Evidence,
Dr Brian Jardine, Sydney, 22 October 1999, p. 226
[51] Evidence,
Ms Robbie Campo, Sydney, 26 October 1999, p. 364
[52] Evidence,
Professor Ronald McCallum, Sydney, 26 October 1999, p. 350
[53] Evidence,
Ms Stphanie Mayman, Perth, 25 October 1999, p. 307
[54] Evidence,
Mr David Robinson, Perth, 25 October 1999,
p. 321-2
[55] Evidence,
Mr John Ryan, Melbourne, 8 October 1999, p. 144
[56] Submission
No. 423, Australian Council of Trade Unions, vol. 19, p. 4471
[57] ibid.,
p. 4472
[58] ibid.,
p. 4473
[59] Amendments
to the Trade Union and Labour Relations (Consolidation) Act 1992 which received
royal assent on 27 July 1999 will extend the validity of a ballot by a maximum
of a further 4 weeks with the employers consent. These are expected to come
into affect before Easter 2000.
[60] Submission
No. 460, International Centre for Trade Union Rights, vol. 22, p. 5553-4
[61] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2402
[62] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3370
[63] Evidence,
Mr Robert Herbert, Canberra, 1 October 1999, p. 52
[64] Submission
No. 379, Community and Public Sector Union (PSU Group), vol. 13, p. 2719
[65] Evidence,
Mr William Shorten, Melbourne, 8 October 1999, p. 151
[66] Evidence,
Miss Siobhain Climo, Sydney, 26 October 1999, p. 363
[67] Submission
No. 386, Dr David Peetz, vol. 13, p. 2933
[68] Submission
No. 476, Australian Council of Social Services, vol. 23, p. 6073
[69] Submission
No. 473, Queensland Government, vol. 23, p. 5983
[70] Submission
No. 440, Uniting Church in Australia Board for Social Responsibility, vol. 21,
pp. 5167-8
[71] Evidence,
Linda Rubinstein, Canberra, 1 October 1999, p 21
[72] Submission
No. 473, Queensland Government, vol. 23, p. 5983
[73] ibid.
[74] Submission
No. 439, Victorian TAFE Students & Apprentices Network Inc, vol. 21, p.
5149
[75] Evidence,
Ms Sally McManus, Sydney, 22 October 1999, p. 264
[76] Submission
No. 424, Australian Manufacturing Workers’ Union, vol. 20, p. 4779
[77] Submission
No. 414, Shop Distributive and Allied Employees’ Association, vol. 17, p. 3676
[78] Submission
No. 424, Australian Manufacturing Workers’ Union, vol. 20, p. 4780
[79] Evidence,
Miss Siobhain Climo, Sydney, 26 October 1999, p. 369
[80] Submission
No. 13,National Electrical and Communications Association, vol. 1, pp. 76-7
[81] Submission
No. 414, Shop Distributive and Allied Employees Association, vol. 17, pp.
3678-9
[82] See, for
instance Australian Liquor Hospitality and Miscellaneous Workers’ Union,
Submission No. 444, vol. 21, p. 5229, which provides an example of a decision
of the Full Bench that there is nothing to prevent the separate extraction of
records relating to union member employees ‘if the records are maintained in
accordance with the award.’
[83] Evidence,
Ms Anne O’Rourke, Melbourne, 8 October 1999, p. 154
[84] Submission
No. 506, Australian Workers’ Union (Queensland Branch), vol. 25, pp. 6478-9
[85] Submission
No. 430, Newcastle Trades Hall Council, vol. 20, p. 5019
[86] Submission
No. 424, Australian Manufacturing Workers’ Union, vol. 20, p. 4759
[87] Evidence,
Miss Siobhain Climo, Sydney, 26 October 1999, p. 369
[88] Submission
No. 424, Australian Manufacturing Workers’ Union, vol. 20, p. 4759
[89] Evidence,
Ms Sally McManus, Sydney, 22 October 1999, p. 264
[90] Evidence,
Mr Ian Masson, Melbourne, 8 October 1999, p. 196
[91] Evidence,
Mr Dave Oliver, Sydney, 26 October 1999, p. 396
[92] Submission
No. 414, Shop Distributive and Allied Employees’ Association, vol. 17, pp.
3680-1
[93] Article
11. Australia ratified this convention on 28 February 1973.
[94] Submission
No. 460, International Centre for Trade Union Rights, vol. 22, pp. 5565-72
[95] Evidence,
Mr Timothy Ferrari, Sydney, 26 October 1999, p. 356
[96] Submission
No. 462, Turner Freeman Solicitors, vol. 22, p. 5666
[97] Evidence,
Ms Huyen Duong, Sydney, 26 October 1999, p. 365
[98] Paragraph
3(f).
[99] Submission
No. 399, Australian Chamber of Commerce and Industry, vol. 15, p. 3366; See
also Submission No. 381, Australian Mines and Metals Association Inc., vol. 13,
p. 2854 which supported ACCI’s comments regarding reverse onus of proof.
[100] Submission
No. 375, Business Council of Australia, vol. 12, p. 2644
[101] Submission
No. 392, Australian Industry Group and the Engineering Employers’ Association,
South Australia, vol. 14, pp. 3119-20
[102] Submission
No. 386, Dr David Peetz, vol. 13, p. 2932
[103] Submission
No. 416, Independent Education Union of Australia, vol. 18, pp. 4306-7
[104] Submission
No. 473, Queensland Government, vol. 23, p. 5981
[105] Evidence,
Mr John Sutton, Sydney, 22 October 1999, p. 272
[106] Evidence,
Mr Joseph de Bruyn, Brisbane, 27 October 1999, pp. 422-3
[107] Evidence,
Mr Lloyd Freeburn, Melbourne, 7 October 1999, p. 73
Chapter 7 - The needs of workers vulnerable to discrimination
[1] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2171
[2] Evidence,
Ms Fran Hayes, Sydney, 26 October 1999, p. 412
[3] Evidence,
Ms Suzanne Hammond, Sydney, 26 October 1999, p. 406
[4] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. 23, p. 5799
[5] Evidence,
Dr Richard Hall, Sydney, 22 October 1999, pp. 250-1
[6] See, for
instance, Evidence, Dr Barbara Pocock, Canberra, 28 October 1999, p. 511
[7] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. 11, p. 5800
[8] ibid.
[9] ibid.,
pp. 22-7
[10] Evidence,
Ms Val Buswell, Sydney, 26 October 1999 p. 409
[11] Evidence,
Ms Suzanne Hammond, Sydney, 26 October 1999, p. 406
[12] Evidence,
Ms Susan Halliday, 26 October 1999, p. 374
[13] ibid.,
p. 378
[14] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. 23, p. 5827
[15] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. 23, pp. 5864-5
[16] Evidence,
Dr Richard Hall, Sydney, 22 October 1999, pp. 253-4
[17] Evidence,
Ms Susan Halliday, 26 October 1999, p. 374
[18] Evidence,
Ms Susan Kenna, Melbourne, 7 October 1999, p. 86
[19] Evidence,
Ms Wendy Tobin,Melbourne, 8 October 1999, p. 176
[20] Print
J6777
[21] Evidence,
Ms Susan Halliday, Sydney, 26 October 1999, p. 374
[22] Evidence,
Ms Grace Grace, Brisbane, 27 October 1999, p. 443
[23] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. 23, p. 5830
[24] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. 23, p. 5801
[25] Submission
No. 423, Australian Council of Trade Unions, vol. 19, p. 4364
[26] Section
50A Sex Discrimination Act 1984 (Cth)
[27] Evidence,
Ms Susan Halliday, Sydney, 26 October 1999, p. 378
[28] Evidence,
Ms Fran Hayes, Sydney, 26 October 1999, p. 408
[29] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. 23, p.5868
[30] Submission
No. 520, New South Wales Government, vol. p. 6926
[31] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. 23, p. 5829
[32] Submission
No. 379, Community and Public Sector Union, vol. 13, Attachment B. See also
Submission No. 458, Australian Nursing Federation (South Australian Branch),
vol. 22, p. 5446
[33] Submission
No. 196, Lutheran Community Care, vol. 5, p. 985
[34] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2393
[35] Evidence,
Ms Fran Hayes, Sydney, 26 October 1999, p. 408
[36] Submission
No. 411, The Association of Non-English Speaking Background Women of Australia,
vol. 16, p. 3496
[37] Submission
No. 417, Federation of Ethnic Communities’ Councils of Australia Inc, vol. 18,
p. 4314
[38] Evidence,
Ms Anne O’ Rourke, Melbourne, 8 October 1999, p. 154
[39] Evidence,
Ms Robbie Campo, Sydney, 26 October 1999 p. 364
[40] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2104
[41] Submission
No. 423, Australian Council of Trade Unions, vol. 19, p. 4364
[42] ibid.,
pp. 4634-5
[43] Submission
No. 440, Uniting Church Board for Social Responsibility, vol. 21, p. 5157
[44] Submission
No. 476, Australian Council of Social Services, vol. 23, p. 6072
[45] ibid., p.
6074
[46] Submission
No. 473, Queensland Government, vol. 23, p. 5954
[47] Submission
No. 480, Working Women’s Centre, Tasmania, vol. 24, p. 6132
[48] Submission
No. 462, Turner Freeman Solicitors, vol. 22, p. 5655
[49] Submission
No. 441, Women for Workplace Justice Coalition, vol. 21, pp. 5194-5
[50] Submission
No. 398, Jobwatch Inc., vol. 14, p. 3255
[51] Submission
No. 462, Turner Freeman Solicitors, vol. 22, pp. 5658-9
[52] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2333
[53] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. pp. 5887-8
[54] Evidence,
Mr Mark Brown, Melbourne, 8 October 1999, pp. 183-4
[55] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. 23, p. 5802
[56] See for
instance Evidence, Ms Wendy Tobin, Jobwatch Inc, Melbourne, 8 October 1999, p.
176
[57] Submission
No. 423, Australian Council of Trade Unions, vol. 19, p. 4370
[58] Submission
No. 260, Shae Leviston, vol. 6, pp. 1204-6
[59] Submission
No. 264, Ms Danielle Keogh, vol. 6, pp. 1218-21
[60] Evidence,
Ms Karen Batt, Melbourne, 8 October 1999, p. 197
[61] Evidence,
Ms Judith Mead, Melbourne, 8 October 1999, p. 199
[62] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2386
[63] Submission
No. 423, Australian Council of Trade Unions, vol. 19, p. 4452
[64] Submission
No. 441, Women for Workplace Justice Coalition, vol. 21, pp. 5191-2
[65] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. 23, p. 5885
[66] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, vol.
11, p. 2381
[67] Human Rights
and Equal Opportunity Commission, Submission No. 472, p. 84
[68] Ibid,
pp. 84-5
Chapter 8 - Work and family
[1] Submission
No. 423, Human Rights and Equal Opportunity Commission, Submission No. 472, p.
32
[2] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, p.
214
[3] Submission
No. 336, Julie Heagrey, vol. 12, p. 2442
[4] Submission
No. 441, Women for Workplace Justice Coalition, p. 5
[5] Submission
No. 485, Susan Fechner, vol. 24, p. 6167
[6] Submission
No. 34, Mrs J Luttick, vol.1, p. 148
[7] Submission
No. 74, George Papadopoulos, vol. 1, p. 231
[8] Michelle
Gunn, Social Affairs writer, The Australian, 20 November 1999, p 22
[9] The
Australian, 20 November 1999, p. 23
[10] Peter
McDonald, Australian National University demographer, quoted in The
Australian, 20 November 1999, p. 23
[11] Work and
Family State of Play 1998, Work and Family Unit, Department of Employment,
Workplace Relations and Small Business, p. 1
[12] ibid,
p. 18
[13] ibid,
p. 20
[14] ibid,
p. 21
[15] ibid.
[16] ibid,
p. 22
[17] ibid.
[18] ibid,
pp. 5-6
[19] ibid,
p. 44
[20] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, p.
217
[21] Work and
Family State of Play 1998, Work and Family Unit, Department of Employment, Workplace
Relations and Small Business, p. 6
[22] Human
Rights and Equal Opportunity Commission Supplementary Submission, 26 October
1999, pp. 2-3
[23] Human
Rights and Equal Opportunity Commission, Submission No. 472, pp. 49-50
[24] Submission
No. 466, UTLC Women’s Standing Committee, p.12; Submission No. 164, Katherine
Wrigley, pp. 6-7;
[25] Dr
Richard Hall, Australian Centre for Industrial Relations Research and Training,
Evidence, Sydney, 22 October 1999, p. 255
[26] Dr
Barbara Pocock, Evidence, Canberra, 28 October 1999, p. 512
[27] Susan
Kenna, Finance Section Union, Evidence, Melbourne, 7 October 1999, p. 86
[28] Ibid
[29] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. 23, p. 5847
[30] Submission
No. 155, Kim Draisma, University of Wollongong, vol. 3, p. 593
[31] Submission
No. 441, Women for Workplace Justice Coalition, vol. 21, p. 5185
[32] ibid
[33] ibid, p.
9
[34] ibid.
[35] ibid.
[36] Susan
Halliday, Sex Discrimination Commissioner, Evidence, Sydney, 26 October 1999,
p. 379
[37] Submission
No. 429, Women’s Electoral Lobby, National Pay Equity Coalition and Business
and Professional Women Australia (NSW), vol. 20, p 25
[38] Jennie
George, Australian Council of Trade Unions, Evidence, Canberra, 1 October 1999,
p. 24
[39] Robert
Durbridge, Australian Education Union, Evidence, Melbourne, 7 October 1999, p.
113
[40] Fran
Hayes, National Pay Equity Coalition, Evidence, Sydney, 26 October 1999, p. 408
[41] Submission
No. 441, Women for Workplace Justice Coalition, vol. 21, p. 5182
[42] Vivienne
Wiles, Jobwatch Inc, Evidence, Melbourne, 8 October 1999, p. 179
[43] Submission
No. 155, Kim Draisma, University of Wollongong, vol. 3, p.593
[44] Submission
No. 429, Women’s Electoral Lobby, National Pay Equity Coalition and Business
and Professional Women Australia (NSW), vol. 20, p 4896
[45] Submission
No. 379, Community and Public Sector Union, Attachment C
[46] Work and
Family State of Play 1998, Work and Family Unit, Department of Employment,
Workplace Relations and Small Business, p. 26
[47] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. 23, p.5862
[48] Susan
Halliday, Sex Discrimination Commissioner, Evidence, Sydney, 26 October 1999,
p. 376
[49] Sections
16 – 18 Industrial Relations Act 1999 (Qld)
[50] Marion
van Rooden, Queensland Government, Evidence, Brisbane, 27 October 1999, p. 469
[51] Submission
No. 472, Human Rights and Equal Opportunity Commission, vol. 23, p.5857
[52] ibid, p.
66
[53] Submission
No. 421, Alex Strudwick,
[54] Submission
No. 395, New Zealand Council of Trade Unions, p. 18
[55] Submission
No. 329, Department of Employment, Workplace Relations and Small Business, p.
214
[56] ibid, p.
297
[57] Submission
No. 253, Kingsford Legal Centre, p. 7
[58] Stretching
flexibility: enterprise bargaining, women workers and changes to working hours,
Sara Charlesworth, August 1996, p. 9
[59] ibid p.
12
Chapter 9 - The impact on job security, unfair dismissals, job prospects, the protection of employee entitlements and conditions and whether these can be improved
[1] Submission
no. 473, Queensland Government, Volume 23, p. 5947.
[2] Dr
Barbara Pocock, Department of Social Inquiry, University of Adelaide, Evidence,
Canberra, 28 October 1999, p. 516.
[3] Submission
no. 496, Dr Pocock, Volume 24, p. 6191.
[4] Submission
no. 423, ACTU, Volume 19, p. 4352.
[5] Submission
no. 473, Queensland Government, Volume 23, p. 5950.
[6] Submission
no. 165, Dr Iain Campbell and Prof Peter Brosnan, Centre for Applied Research,
RMIT University, Volume 3, p. 680.
[7] Submission
no. 473, Queensland Government, Volume 23, p. 5946.
[8] Ibid.,
p. 5950.
[9] Submission
no. 496, Dr Pocock, Volume 24, p. 6191.
[10] ABC
Radio, 18/8/99.
[11] Dr
Richard Hall, Senior Researcher, Australian Centre for Industrial Relations
Research and Training, University of Sydney, Evidence, Sydney, 22 October 1999,
p. 250.
[12] Dr
Campbell, Evidence, Melbourne, 8 October 1999, p. 187.
[13] Submission
no. 473, Queensland Government, Volume 23, p. 5946.
[14] Submission
no. 520, NSW Government, Volume 26, p. 6921.
[15] Submission
no. 329, DEWRSB, Volume 11, p. 2249.
[16] Ibid., p.
2250.
[17] Sydney
Morning Herald,, 12 November 1999.
[18] Submission
no. 423, ACTU, Volume 19, p. 4511.
[19] Ibid.,
pp. 4392-3.
[20] Submission
423, ACTU, Volume 19, p. 4395.
[21] Ibid., p.
4396.
[22] Pusey,
M., (1997) “Inside the Minds of Middle Australian (Findings From the Middle
Australian Project on Incomes, Standards of Living and Quality of Life)”, in
Australia Quarterly, V.69 (4), pp. 14-21.
[23] Submission
no. 473, Queensland Government, Volume 23, p. 5947.
[24] Submission
no. 476, ACOSS,. Volume 23, p. 6071. See also Richard Hall, Evidence, Sydney,
22 October 1999, p. 256.
[25] Submission
no. 473, Queensland Government, Volume 23, pp. 5952-3. See also Submission no.
423, ACTU, Volume 24, p. 4391; Submission no. 499, Brotherhood of St Laurence, Volume 24, p. 6385.
[26] Reith,
P., House of Representatives, Hansard,
30 June 1999, p. 7852.
[27] Submission
no. 327, Fair Wear Campaign, Volume 10, pp.
1957-8. See also Submission no. 311, Good Shepherd Social Justice Network,
Volume 8, pp. 1522-5; Submission no. 298, Dr Richard Hall/Ms Tanya
Brotherton, ACIRRT, Volume 7, p.1423.
[28] Submission
no. 476, ACOSS, Volume 23, pp. 6073,
8.
[29] Dr Richard Hall, Evidence, Sydney, 22 October
1999, p. 251. See also Submission no. 520, NSW Government, Volume 26, p. 6935.
[30] Submission
no. 507, Australian Federal Police Association, Volume 25, p. 6495.
[31] Mr
Anthony Dick, Evidence, Sydney, 22 October 1999, p. 262.
[32] Mr Bruce
Nadenbousch, Association of Professional Engineers, Scientists and Managers,
Australia, Evidence, Perth, 25 October 1999, p. 332.
[33] Submission
no. 462, Turner Freeman Solicitors, Volume 22, p. 5650.
[34] Submission
no. 398, Job Watch, Volume 14, pp. 3241-2. See also Submission no. 484,
Fitzroy Legal Service, Volume 24, p. 6160.
[35] Submission
no. 412, Slater and Gordon Solicitors, Volume 16, p. 3508. See also Submission
no. 519, McDonald Murholme, Volume 26, pp.6914-5.
[36] Submission
no. 484, Fitzroy Legal Service, Volume 24, p. 6161. See also Submission no.
398, Job Watch, Volume 14, pp. 3244-5.
[37] Submission
no. 172, Liberty Victoria - Victorian Council of Civil Liberties, Volume 4, p.
815.
[38] Submission
no. 398, Job Watch, Volume 14, pp. 3243-4. See also Submission no. 477, Maurice
Blackburn Cashman, Volume 23, pp. 6089-90; Submission no. 484, Fitzroy Legal
Service, Volume 24, p. 6161.
[39] Submission
no. 484, Fitzroy Legal Service, Volume 24, p. 6160.
[40] Submission
no. 520, NSW Government, Volume 26, p. 6928.
[41] Submission
no. 484, Fitzroy Legal Service, Volume 24, p. 6162. See also Submission no.
369, Redfern Legal Centre, Volume 12, p. 2516; Submission no. 477, Maurice
Blackburn Cashman Lawyers, Volume 23, pp. 6085-6; and Submission no. 462,
Turner Freeman Solicitors, Volume 22, p. 5654.
[42] Submission
no. 520 NSW Government, Volume 26, p. 6928. See also Submission no. 369,
Redfern Legal Centre, Volume 12, pp. 2516-7; Submission no. 412, Slater and
Gordon Solicitors, Volume 16, pp. 3511-12.
[43] Submission
no. 412, Slater and Gordon Solicitors, Volume 16, p. 3509. See also Submission
no. 477, Maurice Blackburn Cashman Lawyers, Volume 23, p. 6095.
[44] Submission
no. 398, Job Watch, Volume 14, p. 3254.
[45] Ibid., p.
3255.
[46] Submission
no. 412, Slater and Gordon Solicitors, Volume 16, pp. 3509-11.
[47] Ibid.,
pp. 3516-7.
[48] Submission
no. 398, Job Watch, Volume 14, pp. 3246-7.
[49] Submission
no. 477, Maurice Blackburn Cashman Lawyers, Volume 23, pp. 6081-2.
[50] See
Submission no. 398, Job Watch, Volume 14, pp. 3249-50.
[51] Submission
no. 477, Maurice Blackburn Cashman Lawyers, Volume 23, pp. 6088-9.
[52] Submission
no. 412, Slater and Gordon Solicitors, Volume 16, pp. 3517-8. See also
Submission no. 462, Turner Freeman Solicitors, Volume 22, p. 5652.
[53] Submission
no. 369, Redfern Legal Centre, Volume 12, p. 2516.
[54] Submission
no. 398, Job Watch, Volume 14, p. 3254.
[55] Submission
no. 392, Australian Industry Group, Volume 14, p. 3092. See also Submission no.
412, Slater and Gordon Solicitors, Volume 16, p. 3523.
[56] Submission
no. 463, The Victorian Bar, Volume 22, pp. 5671-72.
Chapter 10 - Victorian workers
[1] Jobwatch
Inc, Submission No. 398, p. 3
[2] Leigh
Hubbard, Victorian Trades Hall Council, Evidence, Melbourne, 7 October 1999, p.
64
[3] Wendy
Tobin, Jobwatch Inc, Evidence, Melbourne, 8 October 1999, p 176
[4] Mark
Brown, Evidence, Melbourne, 8 October 1999, pp. 183-4
[5] Peter
Holding, Submission No. 19
[6] Department
of Employment, Workplace Relations and Small Business, Submission No. 329, p.
358
[7] Wendy
Tobin, Jobwatch Inc, Evidence, Melbourne, 8 October 1999, pp. 177 and 182
[8] Victorian
Government, Submission No. 542 p. 4
[9] Leigh
Hubbard, Victorian Trades Hall Council, Evidence, Melbourne, 7 October 199, p.
68
[10] Victorian
Trades Hall Council, Submission No. 413, p. 4
[11] Australian
Catholic Commission for Employment Relations, Submission No. 167 , p. 32
[12] Lloyd
Freeburn, National Union of Workers, Evidence, Melbourne, 7 October 1999, p. 73
[13] Victorian
Government, Submission No. 542, pp. 2-3
[14] Wendy
Tobin, Jobwatch Inc, Evidence, Melbourne, 8 October 1999, p. 176
[15] Jobwatch
Inc, Submission No. 398
[16] Shop
Distributive and Allied Employees’ Association, Submission No. 414, pp. 126-7
[17] Department
of Employment, Workplace Relations and Small Business, Submission No. 329, p.
359
[18] Victorian
Government, Submission No. 542, p. 6
[19] Shop
Distributive and Allied Employees’ Association, Submission No. 414, p. 127
[20] Elizabeth-Anne
Calder, Evidence, Melbourne, 7 October 1999, p. 66
[21] Shop
Distributive and Allied Employees’ Association, Submission No. 414, p. 128
[22] Leigh
Hubbard, Victorian Trades and Labour Council, Evidence, Melbourne, 7 October
1999, p. 64
[23] Victorian
Government, Submission No. 542, p. 7
[24] Roger
McDermid, Submission No. 16
[25] 30 May
1997
[26] Clause 3
[27] Victorian
Government, Submission No. 542, p. 12
Chapter 11 - Independent contractors
[1]
Re Dingjan; Ex parte Wagner (1995) 19\83 CLR 323
[2]
Australian Chamber of Commerce and Industry, Submission No. 399, p
118. The relevant legislation is: Trade Practices Act 1974 (Cth), ss
51AA, 52 & 87; Fair Trading Act 1985 (Vic), s 11; Industrial
Relations Act 1996 (NSW), s106; Industrial Relations Act 1996 (Qld),
ss275 & 276.
[3]
John Ryan, Australian Catholic Commission for Employment Relations,
Evidence, Melbourne, 8 October 1999, p 142
[4]
Transport Workers’ Union of Australia (Victorian & Tasmanian
Branch), Submission No. 93, p 8
[5]
Ibid, pp 8-9
[6]
Transport Workers’ Union of Australia, Submission No. 447, p 9
[7]
William Noonan, Evidence, Melbourne, 7 October 1999, p 101
[8]
Pamela Curr, Fair Wear Campaign, Evidence, Sydney, 26 October 1999,
p. 356
[9]
Australian Young Christian Workers Movement, Submission No. 166, p. 6
[10]
Redfern Legal Centre, Submission No, 369, p. 3
[11]
James Nolan, Barrister, Evidence, Sydney, 26 October 1999, p. 415
[12]
Club Managers’ Association Australia, Submission No. 426, p. 2
[13]
Supplementary Report on Consideration of the Workplace Relations and
Other Legislation Amendment Bill 1996, p354
Australian Democrat Senators' Report
[1]
Senator Andrew Murray, Australian Democrats, ‘Supplementary Report on the
Corporate Law Economic Reform Program Bill’, 1998, 5.