The Industrial Relations Act of 1984
The government of the Australian state of Tasmania passed the Industrial Relations Act in 1984. The act contains laws intended to improve relations between employers and employees by providing mechanisms for settling disputes that arise. Included in the act are provisions establishing the Tasmanian Industrial Commission, which can make awards of pay and terms and conditions of employment when it mediates in a dispute, and laws setting minimum wages, maximum weekly working hours and minimum paid holiday entitlement.
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Tasmanian Industrial Commission
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The Tasmanian Industrial Commission consists of members appointed by the governor of Tasmania. All members must be Australian legal practitioners who have been in practice for at least five years. Commissioners can be chosen from people who have been involved at high levels in government service, with a government agency or in industry. The governor can appoint members with appropriate university degrees or people with the experience and understanding needed to serve as a member on the commission. The commission can conduct dispute resolution proceedings on the request of one or all the parties to a dispute if the parties are bound by a federal workplace agreement that authorizes the commission to settle disputes between them.
Conditions Of Employment
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The Tasmanian Industrial Commission sets the minimum weekly wage that can be offered by Tasmanian employers every year. The minimum wage applies to adults in full-time employment. An employer cannot set the maximum working hours per week at more than 38, unless an agreement between the employer and the employees allows for an increased number of hours. Full-time employees must be given four weeks' paid leave each year, plus statutory holidays defined in the Statutory Holidays Act of 2000, and includes days such as Dec. 25. If an employer violates the employment conditions provisions of the act, the employer can receive a fine of up to 50 penalty units. A penalty unit refers to an amount of money that is adjusted each year, so that fines can increase without state and federal governments having to constantly amend legislation. In 2011, a penalty unit in Tasmania was set at $130 (Australian).
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Business Transfers
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If you own a business and you have a binding agreement detailing pay and terms and conditions of employment with your employees that you have registered with the Tasmanian Industrial Commission, you must abide by the contents of the agreement. If you sell your business, or transfer the business in any other way, such as if you merge your business with another business that you own or control, the agreement in place with your employees is binding upon the new owner of the business, or with the merged business entity.
Strikes and Lockouts
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As an employer, you might have entered into a binding agreement with your employees containing details of pay and terms and conditions of employment awarded by the Tasmanian Industrial Commission. If you are involved in a dispute with your employees concerning any provision of the agreement awarded by the commission, you are not allowed to instigate a lockout of your employees. Labor organizations and employees must not recommend, support or take part in strike action in disputes over matters that are contained in a registered agreement. In both cases, violation of this provision of the act may result in a fine of up to 50 penalty units.
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