2005 Industrial Relations Act
The state governments of two Australian states, New South Wales and Queensland, passed the Industrial Relations Amendment Act into law in 2005. The New South Wales act amends the Industrial Relations Act passed by the state government in 1996. The Queensland act amends that state's Industrial Relations Act of 1999. While the acts in both states share a common title, these laws, and the laws that they amend, contain provisions specific to each state. The Queensland amendments include clarifications of working hours and conditions of employment. The New South Wales amendments concern the Industrial Relations Commission.
Other People Are Reading
-
Queensland Maximum Hours
-
The Queensland 2005 act inserts a new section, 9A, into the 1999 act. Section 9A (2) states that industrial agreements must not include provisions that exceed the number of hours employees are expected to work. As an employer, you cannot make an agreement where employees have to work more than six days in any period of seven consecutive days. The maximum number of hours that an employee can work per day cannot be more than 7.6 and an employee cannot be asked to work more than 38 hours in any period of six consecutive days.
Industrial Court
-
The New South Wales act contains provision for the naming of an industrial court in the state to hear disputes arising from the provisions contained in the 1996 Industrial Relations Act. The Industrial Relations Commission in New South Wales hears disputes arising out of the original act, and the act of 2005 inserts a new section, 151A, that states that the commission, when acting in court session to hear a dispute, must be called the Industrial Court of New South Wales. All references to the commission in court session in the original act, or any other statutory document, are interpreted as meaning the Industrial Court of New South Wales.
-
Queensland Minimum Notice
-
The Queensland 2005 amendment act inserts a new part into the original 1999 act dealing with the notice period that employees must give to employers when they wish to terminate their employment. The 2005 act inserts Part 7 into the original act, and section 71A in part 7 deals with minimum notice requirements. Section 71A (2) states that an employee must give an employer notice of at least one week. If an employee leaves without giving notice of at least one week, the employer can deduct an amount of money from wages due to the employee, to the value of the number of days that would make up one week's notice. For example, if an employee works a five-day week, and only gives the employer three days' notice to quit, the employer can deduct the remaining two days worth of pay from wages due to the employee.
Finality of Decisions
-
In New South Wales, the 2005 act provides a replacement for section 179 in the original 1996 Industrial Relations Act. Section 179 relates to decisions made by the Industrial Relations Commission, The new section, contained in the 2005 act, states that whenever the commission makes a decision, that decision is final. Section 179 (1) states that you cannot appeal against a decision made by the commission, and no tribunal or court has the authority to overturn of question a decision made by the commission. However, section 179 (6) does allow appeals to the Full Bench of the Commission in Court Session, now known as the Industrial Court of New South Wales.
-
