Industrial Relations Law & Lawyers

Industrial Relations Law & Lawyers News

News, updates and further information - Industrial Relations Law

Workplace Relations Amendment (Australian Workplace Agreements Procedures) Bill 2000

The Workplace Relations Amendment (Australian Workplace Agreements Procedures) Bill 2000 was introduced into the House of Representatives on 28 June 2000.

The Workplace Relations Act 1996, as amended by the Workplace Relations Amendment Act 2005, popularly known as Work Choices, was a Legislative Act of the Australian Parliament that came into effect in March 2006 which involved many controversial amendments to the Workplace Relations Act 1996, the main federal statute which regulated industrial relations in Australia.

Work Choices was passed by the Howard Government in 2005 and was designed to improve employment levels and national economic performance by dispensing with unfair dismissal laws for companies under a certain size, removing the "no disadvantage test" which had sought to ensure workers were not left disadvantaged by changes in legislation, thereby promoting individual efficiency and requiring workers submit their certified agreements directly to Workplace Authority rather than going through the Australian Industrial Relations Commission. It also significantly compromised a workforce's ability to legally go on strike, requiring workers to bargain for previously-guaranteed conditions without collectivized representation, and significantly restricting trade union activity and recruitment on the work site.

Minimum wages

Minimum wages for employees are set out in Australian Pay and Classification Scales (Pay Scales), which are part of the Australian Fair Pay and Conditions Standard.

Employees are guaranteed the basic rate of pay for their classification as specified in the applicable Pay Scale. Employees not covered by a Pay Scale are guaranteed the Federal Minimum Wage (except for a junior, trainee or employee with disability, as defined in the Workplace Relations Act).

The Australian Fair Pay Commission sets and adjusts the Federal Minimum Wage and minimum and classification wages in Pay Scales.

The Australian Fair Pay Commission also has responsibility for Special Federal Minimum Wages for juniors, trainees, apprentices, and employees with a disability, and the wage loading for casual workers.

After 2010 a new independent umpire, Fair Work Australia, will be responsible for adjusting minimum wages.

Awards and award modernisation

Awards are legally binding instruments that set out minimum terms and conditions of employment for employees in specified businesses, occupations or industries.

Awards are made by a national tribunal, the Australian Industrial Relations Commission. They typically deal with matters such as hours of work, public holidays, monetary allowances, shift work or overtime loadings, annual leave loadings and penalty rates.

Part 10A of the Workplace Relations Amendment Act 2008 sets out a process for award provisions to be modernised and made simpler and more flexible and specifies certain requirements for modern awards. The award modernisation process is expected to be complete by 2010.

Together with a system of National Employment Standards, modern awards will guarantee the safety net protections for employees when the proposed new workplace system comes into effect in 2010. Setting, adjusting and reviewing awards will then become the responsibility of Fair Work Australia.

Workplace agreements

The Transition to Forward with Fairness Act prevents the making of new AWAs; however, AWAs made prior to the implementation date of the March 2008 legislation will remain in force until terminated or replaced.

To provide transitional arrangements for employers who currently use AWAs, the legislation allows for Individual Transitional Employment Agreements (ITEAs). ITEAs have a nominal expiry date of no later than 31 December 2009.

On and from 1 January 2010, a system of statutory National Employment Standards and modern simple and flexible awards will be in operation to protect employees and there will be no individual statutory employment agreements in any form.

ITEAs must not disadvantage an employee against an applicable collective agreement, or where there is no collective agreement, an applicable award and the Australian Fair Pay and Conditions Standard. This is known as the ‘no disadvantage test’ introduced in March 2008.

Similarly, collective agreements must not disadvantage employees in comparison with an applicable award and the Australian Fair Pay and Conditions Standard.

Both collective and individual transitional employment agreements commence when they are lodged with the Workplace Authority. After 2010 responsibility for reviewing and approving agreements will pass to Fair Work Australia. Workplace agreements can only deal with matters that are about the relationship between the employer and the employee.

It is unlawful to apply duress or coercion in relation to workplace agreements (for example, by attempting to force an existing employee to sign an agreement).

Freedom of association

The Workplace Relations Act recognises a legitimate role for unions and employer organisations. Freedom of association laws ensure that an employer cannot dismiss an employee because he or she is, or is not, a member of a union. All employees have access to remedies for breaches of freedom of association provisions. The right to take lawful industrial action when negotiating a new workplace agreement is also protected by law.

Right of entry

The Workplace Relations Act also defines the circumstances in which union officials have a right of entry into workplaces and empowers the Australian Industrial Relations Commission to deal with abuses of the right of entry system.

Industrial action

In certain circumstances an employee or an employer may engage in protected industrial action. Employees or unions cannot be held liable for protected industrial action (unless it involves defamation, personal injury, damage to property or the unlawful use of property). For industrial action to be protected a number of statutory criteria must be met, including that the industrial action taken is in pursuit of claims sought as part of the negotiation of a collective agreement and a secret ballot has authorised the taking of the action.

The Workplace Relations Act also provides that payments are not to be made to an employee or accepted by an employee in relation to a period of industrial action.

Subject to limited exceptions, the Trade Practices Act 1974 prohibits and penalises secondary boycotts, including union boycotts, aimed at causing substantial loss or damage. A secondary boycott occurs when industrial action is directed against a third party in order to prevent the third party dealing with the primary target of the industrial action.

Finally, the Workplace Relations Act contains safeguards to protect against disputes between unions (demarcation disputes) that might impede business operations.

Unfair dismissal and unlawful termination

The Workplace Relations Act contains provisions protecting employees from losing their job unfairly (unfair dismissal) or because of a prohibited reason (unlawful termination).

The unfair dismissal provisions provide employees with protection from harsh, unjust or unreasonable dismissal. However, the following types of employees are excluded from the unfair dismissal protections:

• employees employed by businesses with 100 or fewer employees
• employees who are dismissed for genuine operational reasons
• seasonal workers.
• employees engaged for a specified period of time or to perform a particular task
• employees serving a six month qualifying period
• employees on probation
• casual workers engaged for a short period
• trainees
• employees who are not employed under an award or workplace agreement and earn more than $101 300 a year.

The unlawful termination provisions apply to all employees regardless of the size of their employer’s business. The unlawful termination provisions provide protection from termination on grounds such as trade union membership, family responsibilities, pregnancy, marital status, temporary absence from work due to illness and for discriminatory reasons such as gender, age and race or nationality.

Compliance

The Workplace Ombudsman undertakes compliance and enforcement activities for the national workplace relations system, including assisting employees with suspected breaches of the Australian Fair Pay and Conditions Standard and the provisions of awards and workplace agreements. After 2010 the Workplace Ombudsman will be subsumed by Fair Work Australia.

A new workplace relations system

The Australian Government began to develop a new workplace relations system with the introduction of its transitional reform measures in March 2008. These measures initiated the award modernisation process and removed the power to make new AWAs.

The Government is drafting new legislation which is expected to be introduced into parliament in late 2008, enabling the commencement of a simpler, fairer and more flexible workplace relations system by the start of 2010.

The key elements of the Government’s new workplace relations system will be:

• collective enterprise bargaining, with no provision for statutory individual agreements
• a safety net of legislated minimum employment standards and modern awards
• the right to freedom of association and genuine workplace representation
• grievance and dispute settlement procedures and freedom from discrimination
• a new independent umpire – Fair Work Australia
• balanced laws which provide protection from unfair dismissal in a way which addresses the particular circumstances and concerns of small business
• a uniform national workplace relations system for the private sector

The new workplace relations system will encourage employers and employees to adopt flexible and modern workplace arrangements which enable workplaces to be productive and competitive, leading to greater employment opportunities and strong and sustainable economic growth.

Summary of legislation regarding Industrial Relations Law

Equal Opportunity for Women in the Workplace Act 1999 (Cth)
An Act to require certain employers to promote equal opportunity for women in employment, to establish the Equal Opportunity for Women in the Workplace Agency and the office of the Director of Equal Opportunity for Women in the Workplace.

Fair Work Act 2009
This act creates a national workplace relations system that is fair to working people, flexible for business and promotes productivity and economic growth.

Legislation in the Employment and Workplace Relations Portfolio
Links to the Workplace Relations Act 1996, Acts and Bills amending it, and other legislation administered by the Dept of Employment and Workplace Relations

Occupational Health and Safety (Commonwealth Employees) Act 1991
The objects of this Act are to secure the health, safety and welfare at work of employees of the Commonwealth and of Commonwealth authorities; and to protect persons at or near workplaces from risks to health and safety arising out of the activities of such employees at work

Workplace Relations Act 1996
An Act relating to workplace relations, ensuring that the primary responsibility for determining matters affecting the relationship between employers and employees rests with the employer and employees at the workplace or enterprise level

Workplace Relations Amendment (Termination of Employment) Act 2001 (CTH)
An Act to amend the Workplace Relations Act 1996 so far as that Act relates to termination of employment, and for related purposes

Australian Capital Territory
Discrimination Act 1991 (ACT)
The Discrimination Act from the Australian Capital Territory has as its objective to (a) eliminate, so far as possible, discrimination in the areas of work, education, access to premises, the provision of goods, services, facilities and accommodation and the activities of ...

Public Sector Management Act 1994 (WA)
An Act to regulate the administration of the public sector in the Australian Capital Territory. Available in historical versions from September 2001 to current.

New South Wales
Industrial Relations Act 1996 (NSW)
The objects of this Act are: to provide a framework for the conduct of industrial relations in NSW that is fair and just, to promote efficiency and productivity in the economy of the State, to promote participation in industrial relations by employees and employers at an ...

Occupational Health and Safety Act 2000 (NSW)
A NSW Act to secure the health, safety and welfare of persons at work; to repeal the Occupational Health and Safety Act 1983; and for other purposes.

Workers Compensation Act 1987 (NSW)
A NSW Act to provide for the compensation and rehabilitation of workers in respect of work related injuries; to repeal the Workers’ Compensation Act 1926 and certain other Acts; and for other purposes.

Northern Territory
Office of the Commissioner for Public Employment
Links to NT official sites containing relevant public sector employment conditions and legislation.

Queensland
Industrial Relations Act 1999 (QLD)
An Act relating to industrial relations in Queensland.

South Australia
Fair Work Act 1994 (SA)
An Act about the relationship of employer and employee in South Australia.

Tasmania
Industrial Relations Act 1984 (TAS)
An Act to provide for the establishment of a Tasmanian Industrial Commission having a jurisdiction to hear and determine matters and things arising from, or relating to, industrial matters, including the making of awards, the conduct of hearings and the settling of disputes, ...

Victoria
Industrial Relations Victoria: Legislation
Part of IRV's website, this page contains links to all the legislation administered by Industrial Relations Victoria, and also links to other relevant industrial relations legislation

Western Australia
DOCEP Legislation
Contains a pathway linking to Western Australia's industrial legislation: Industrial Relations Act 1979, Long Service Leave Act 1958, Minimum Conditions of Employment Act 1993, Public and Bank Holidays Act 1972, Workplace Agreements Act 1993

Canada
Canada Labour Code
An Act to consolidate certain statutes respecting labour in Canada

Awards
Australia
Commonwealth
Workplace Authority
This site replaces the WageNet site as a result of the introduction of the Fair Work system on 1 July 2009, changing the role of the Workplace Auythority. The Workplace Authority accepts lodgement of employment agreements and provides information on Federal awards.

New South Wales
Awards online
This DIR site presents NSW awards both alphabetically, and fully searchable using an Advanced Search feature. It also lists pay rates, conditions of employment by industry, and includes the State Wages Cases.

Northern Territory
Enterprise Bargaining/Workplace Agreements
List of NT awards with link to Wagenet for full text, and pdf format full text of NT certified agreements

Queensland
Wageline
Wageline is a Queensland statewide information and advisory service provided by the Department of Industrial Relations. Information on awards, rates of pay, hours, conditions of employment

Wageline: Index of State awards
State awards applying in Queensland. Each award accompanied by may showing coverage. Most Awards link to Summary Sheets. All awards are current and contain the latest rates of pay and conditions.

South Australia
State awards and rates of pay
Only Awards made under the South Australian Industrial and Employee Relations Act are available from this site. Access by industry, or by searching for keyword

Tasmania
Industrial awards
Tasmanian industrial awards in pdf format, both public and private sector awards

Western Australia
Awards [Western Australia]
Western Australian industrial awards, indexed alphabetically and searchable. The site also contains The Standard Long Service Provisions for W.A. and a weekly update of awards and agreement matters heard by the W.A. Industrial Relations Commission

Courts & tribunals and their decisions
Australia
Human Rights and Equal Opportunity Commission Decisions
Decisions made by the Australian Human Rights and Equal Opportunity Commission since 1985

Commonwealth
AIRC decisions
Decisions of the AIRC from July 2000

Australian Industrial Relations Commission Decisions
This database contains the full text decisions of the Australian Industrial Relations Commission from 1983 to 2000

Industrial Relations Court of Australia [decisions, 1994-2000]
This database contains decisions of the Industrial Relations Court of Australia from its commencement in 1994 to March 2000. The decisions are as provided by the Court

New South Wales
Caselaw NSW: Industrial Relations Commission of New South Wales
Decisions of the IRC of NSW from 2000, hosted by the Attorney-General's Department.

New South Wales Industrial Relations Commission [decisions]
This database contains selected full text decisions of the Industrial Relations Commission of New South Wales and its predecessors since 1985. The name of the Commission has changed over time. Up to 1992, it was known as the Industrial Commission. From 1992 to 1996, there ...

Queensland
Queensland industrial relations system
Information about the industrial relations system in Queensland. Links to wage and award information, recent decisions, Cours and Commission, relevant Acts and Regulations, practice notes etc.

South Australia
South Australian Industrial Relations Tribunals: decisions
The Recent Decisions Page contains decisions of the Court, Commission and Tribunal, handed down since 27 September 2001. After about five months, the decisions are found on AustLII. The State Wage Case June 2001 has been added to this Page as well as The Clerks (SA) Casual ...

Western Australia
Western Australian Industrial Gazette
Electronic copies of the Western Australian Industrial Gazette from Volume 76 (January 1996) to the present are freely available from this site.

United Kingdom
Industrial cases reports express
The Industrial Cases Reports Express is designed to bring you previews of The Industrial Cases Reports before they become available in print form, alerting you to new precedent setting cases from different British and European courts

Northern Ireland Industrial Tribunal decisions
Decisions of the Industrial Tribunals of Northern Ireland registered and publicly available since 1 January 2002. Cases via BAILLI (British and Irish Legal Information Institute).

United Kingdom Employment Appeals Tribunal
This database contains Full Hearing judgments from 1999 of the Employment Appeal Tribunal (EAT) which are transcribed or handed down by the Tribunal.

Organisations
Australia
ACIRRT
ACIRRT monitors and analyses the changing nature of work in Australia. The Centre offers research and training, and provides its newsletter and research papers on this site.

Centre for Employment and Labour Relations Law
he activities of the Centre include teaching, research, organising seminars and conferences, and the publication of a working paper and monograph series on aspects of labour law. This website also provides links to other sites of interest in the area of employment and labour ...

National Institute of Labour Studies
NILS is a multi-disciplinary research organisation that specialises in labour market research. Its Working Papers are provided on this site. Major areas of specialisation are: industrial relations reform; the changing nature of employment arrangements; job-related training; ...

Commonwealth
ACTU: Australian Council of Trade Unions
The ACTU homepage contains information on current campaigns, policies, OH&S, and links to related sites.

International
Trade Union Advisory Committee to the OECD
The Trade Union Advisory Committee (TUAC) to the OECD is an international trade union organisation which has consultative status with the OECD and its various committees. The site includes its policy statements and some publications.

South Africa
Congress of South African Trade Unions (COSATU)
Links to COSATU's publications, including its newsletter, affiliates, policies and other labour links

United Kingdom
Labour Research Department
The Labour Research Department (LRD) is an independent, UK trade union based research organisation. There are links to sites of interest to trade unionists, information on pay and prices,and latest issues of LRD's publications. Around 2,000 trade union organisations, ...

Organisations - Government
Australia
Sex discrimination
The Sex Discrimination Commissioner undertakes research, policy and educative work designed to promote greater equality between men and women. Recent projects have concentrated on equal pay for male and female workers, the career options for women in the finance industry.

Commonwealth
Australian Industrial Relations Commission
Contains decisions of the AIRC, legislation, annual reports and other information on the AIRC

Australian Workplace
Australian WorkPlace has Australian government information on employment, workplace relations, government assistance, jobs, careers, training and wages. It contains links to relevant Acts and bills

Equal Opportunity for Women in the Workplace Agency
EOWA’s role is to administer the Equal Opportunity for Women in the Workplace Act 1999 (Commonwealth) and through education, assist organisations to achieve equal opportunity for women.

Office of the Australian Safety and Compensation Council
The key role of the ASCC is to provide leadership and coordination for national efforts to prevent workplace death, injury and disease. The website contains publications, the Act, and information on OH&S

New South Wales
NSW Anti-Discrimination Board
The Anti-Discrimination Board was set up in 1977 to administer the Anti-Discrimination Act (NSW). It investigates and conciliates complaints of discrimination, harassment and vilification. The Board is impartial in this process. It does not take sides. The Board tries to ...

NSW Office of Industrial Relations
The NSW Office of Industrial Relations website contains awards, pay rates, workplace rights and responsibilities, legislation, issues and policy details etc.

Office of the Director of Equal Opportunity in Public Employment
The ODEOPE website contains official information on women in the NSW public sector, including maternity leave, pay claims, networks, publications and statistics

Workcover New South Wales
WorkCover NSW manages the State's workplace safety, injury management and workers compensation systems. The Authority administers the Workers Compensation Act 1987, Workplace Injury Management and Workers Compensation Act 1998, Occupational Health and Safety Act 2000, the ...

Queensland
Queensland Department of Industrial Relations
Homepage of the Queensland DIR, with an information and advice page, legislation, publications and links to other industrial relations sites.

Tasmania
Industrial Relations and State Service Management
Industrial Relations and State Service Management provides advice on employment and management policy; employment legislation; research, analysis and policy development information on industrial relations issues etc.

Victoria
Industrial Relations Victoria
Contains information for employers and employees, public sector employment, legislation, leave entitlements etc. as well as a Victorian Government response to the Federal Government WorkChoices industrial relations changes.

Western Australia
Labour relations
Links to many sources for WA labour relations information, such as awards, publications, services and an online newsletter

If you need legal help regarding any aspect of Industrial Relations Law, please complete your free legal enquiry form on the right, or click here.

If you need legal advice regarding Industrial Relations Law, then please complete your free legal enquiry form on the right, and we will put you in touch with a Industrial Relations Law lawyer nearest you, who can help you with Industrial Relations Law.

Our free legal enquiry service for Industrial Relations Law extends to all suburbs and locations throughout Australia.

Industrial Relations Law & Lawyers Updates

BHP bracing for strike after WA workers back industrial action

Thu, 11 Jun 2026 07:59:36 +0000

Unionised workers at BHPs operations in Port Hedland could walk off the job as soon as next week after endorsing protected industrial action.