Part iva of the employment rights act 1996

Jul 4, In the case of Reading Borough Council v James and others, a group of Claimants claimed that they were doing work of equal value to two male comparators. The Claimants claimed their losses from to the date of the judgment. However, the Council challenged this on the basis that one of the comparators had been assimilated into a lower paid role and that the other had been promoted in

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Part iva of the employment rights act 1996

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Content:

• Government amendment to whistleblowing legislation
• Is a public interest test for workplace whistleblowing in society’s interest?
• Bills Digest 96 1995-96 Workplace Relations and Other Legislation Amendment Bill 1996
• The Certification Officer’s Role as a Prescribed Person
• Employment Rights Act 1996 (ERA)
• View Legislation
• Search within Legislation

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Government amendment to whistleblowing legislation

It reflects the legislation as introduced and does not canvass subsequent amendments. Date Introduced: 23 May House: House of Representatives Portfolio: Industrial Relations Commencement: For the most part, the substantive operational provisions of the Bill will come into effect on a date or dates to be set by proclamation. If those provisions are not proclaimed within 6 months, they will automatically commence 6 months after the date of Royal Assent. The Coalition does not appear to have acted yet on its commitment to prevent monies collected on a tax deductible basis from being channelled in whole or in part through a union or employer organisation to political parties BPBW Plans for a complete overhaul of provisions regulating the financial and reporting requirements of registered bodies unions and employer associations have been deferred pending an independent inquiry.

Australian industrial law is divided into seven distinct jurisdictions - more if stand alone legislation governing public sector employment is tallied separately. Each of the States has its own system of industrial laws.

Until relatively recently, federal law was said to cover the federal award workers, Commonwealth employees and persons working in the Territories. Following changes that came into effect in March , it also must be recognised that federal laws currently set minimum employment conditions in respect of defined matters such as unfair dismissal and parental leave for the majority of employees.

The Australian Workplace Relations Bill the Bill represents the fourth major set of proposed changes to federal industrial law since The Bill is a lengthy and complex document which ranges across the full gamut of industrial issues. To assist the reader, commentary on the relevant provisions is included in the Main Provisions section of this Digest. The Government's election manifesto is largely replicated in the Bill 2 which is very much the product of the Coalition's post-Fraser era thinking on industrial relations.

There is little in the Bill which should take observers by surprise and, accordingly, the Government can feel relatively comfortable in arguing its mandate to press ahead with the changes it has planned. What is proposed also leaves ample scope for disagreement over both the general policy direction and matters of detail.

Whether or not the Government secures the passage of its package, it is already plain that Australian industrial relations will undergo further significant change during the life of the present Government.

The Accord between the ACTU and the former Government which saw national wage increases effectively capped by a consensual wages policy ended on 2 March and is unlikely to be revived.

Throughout the past decade there have been important changes in demand for labour arising from, among other things, new technologies, micro economic reform and the internationalisation of product markets. These in turn have had an enormous impact on the occupational and industrial composition of employment. From to employment in the manufacturing sector fell from Between and casual employment rose from Effective rates of protection to manufacturing industries also continued to decline.

This ended the 'protection all round' era that had coincided with much of the period of centralised wage fixation commencing with the Harvester decision in which introduced the concept of the basic wage. Whilst employment growth has at times been strong by both Australian and world standards, unemployment has remained high throughout the past two decades with a tendency for the rate to increase by one or two percentage points at comparable points in each successive business cycle.

In March unemployment in seasonally adjusted terms was 6. At the same time as unemployment has been rising there has been an increase in hours worked by full-time workers, much of it in the form of unpaid overtime. In , As in many OECD countries, labour productivity growth in the business sector has slowed since the s: Australian labour productivity growth fell from 3.

In the comparable figure was 4. In the corresponding period, the top decile of male full-time non-managerial staff earnings share rose from In line with or perhaps marginally better than comparable overseas experience, rates of recorded industrial disputation fell during the s.

In , the average number of working days lost per thousand employees was In , the average was days and for the figure was 78 days per thousand employees. Union membership in the private sector has declined from Further declines can be expected as unionisation rates in many businesses fall below critical mass, traditional areas of high union membership experience slower than average rates of employment growth and public sector employment traditionally an area of high union membership continues to fall in absolute terms.

Reflecting legislation amending the objects clause of the present Act and the abandonment of national wage cases as they had operated for many years, the existing legislative framework limits the Commission to principally a facilitative role, ie. It would be bold to say that the 'umpire' is merely a shadow of its former self but equally inaccurate to argue that it still plays the pre-eminent part in wage fixing that it once did. Although it has retained significant 'reserve powers', the combination of the Accord, a decline in industrial disputation, a lessening of wage pressures resulting in the reduced prospect of a wages breakout, legislative change and a shift in industrial culture has made the AIRC of less day-to-day relevance to the typical Australian workplace.

Recent years have seen the spread of formalised systems of enterprise bargaining. Informal arrangements in relation to over award conditions have always been a widespread and significant feature of the Australian labour market and a considerable source of labour market flexibility. By September , there were 9, enterprise agreements across all jurisdictions. By far the largest number - 5, were in the Federal jurisdiction, covering 58 per cent of eligible workers.

NSW was next - 1, agreements, covering 29 per cent of workers. Figures represent the proportion of workers in each jurisdiction who are eligible to be covered by awards. A further though more problematic re-orientation of workplace relations has arisen from a change in the nature of Australian trade unionism during the period of the Accord.

Not only was there a drop in union members, there was also a general decline in the number of trade unions. The number of federally registered unions fell from in to 51 in It is at least arguable that the decline in the number of unions, the more dominant role played by the ACTU during the Accord years and the forced amalgamation of many smaller unions, the passage in some jurisdictions of legislation inimical to trade union influence, and the growth of informal and non union enterprise level bargaining all contributed to a perception of declining union influence.

Perception may indeed have matched reality. By the early s, the focus of trade union affairs had shifted further away from individual workplaces just as individual workplace relations were becoming more important. Australian industrial law is complex and wordy. This partly reflects the distribution of powers between the Commonwealth and the States and varying interpretations of the scope of Commonwealth powers over the years by the High Court.

Most of the past two decades, however, have been marked by a coincidence of an expansive reading of a number of the Commonwealth's constitutional powers by the Court and a more adventurous Commonwealth approach to the use of those powers in the industrial arena. The industrial power itself [section 51 35 ] has in recent years been extended by the Court to apply to white collar workers, many persons employed by State governments and matters affecting what were once regarded as post employment relations such as termination of employment and superannuation.

Starting with the Fraser Government's amendments to the Trade Practices Act the TP Act , extending the operation of that law to cover so-called secondary boycotts, Commonwealth governments have placed greater reliance on the corporations power [section 51 20 ] and to a lesser degree the trade and commerce power [section 51 1 ] to regulate aspects of workplace relations. The measures enacted under the Industrial Relations Reform Act the Reform Act specified minimum entitlements for employees in relation to termination of employment and parental leave and conferred additional powers on the AIRC to set community standards with regard to minimum pay and equal remuneration.

Those changes were advanced in reliance on the external affairs power of the Commonwealth [section 51 29 ]. The scope of the 'external affairs' power has been subject to considerable attention and has formed the central issue in a number of High Court cases over the past decade.

The gist of these cases is that the Commonwealth has considerable scope for enacting domestic legislation on topics of international concern. Whilst the issue is not entirely free from doubt, it appears that the existence of a genuine treaty giving rise to an obligation will automatically amount to a matter of 'international concern' on which the Commonwealth may legislate. The validity of domestic legislation may, however, be called into question where the law does not conform with the terms of the relevant treaty or where the law relies on non obligatory terms in an international instrument ie some ILO 'Recommendations'.

The 'favoured' test for determining whether a law comes within the ambit of a particular treaty is a liberal one. That test seems now to accord with the judgment of Deane J in the Tasmanian Dam case where his Honour observed: ' [t]he law must be capable of being reasonably considered to be appropriate and adapted to achieving what is said to impress it with the character of a law with respect to external affairs.

Implicit in the requirement. One example of such limitations on the use of the external affairs power relates to Commonwealth laws relating to enterprise bargaining.

Hence it could not support the 'individual contract' limb of the system of Australian Workplace Agreements AWAs proposed under this Bill. Reliance would still have to be placed on the Commonwealth's corporations power which itself is subject to certain limitations. The use of the external affairs power in the industrial arena has proved controversial and has been portrayed by some as unprecedented, although such a course has been adverted to in the past.

An advantage from the Commonwealth's perspective is that the external affairs power can be relied upon as the basis for incorporating internationally agreed standards into domestic Australian law in a way which is free of the limitations imposed on the arbitral power. That power only extends to the prevention and settlement of interstate disputes by way of conciliation and arbitration. A further advantage, this time from the employee's perspective, of relying on the external affairs power is that it extends minimum standards to all workers not just those covered by federal awards.

From the employer perspective, the approach offers the possibility of a single national law rather than one Commonwealth and six State laws regulating each facet of their activities. Such a unified approach, like a national corporations law, clearly may lower compliance costs for firms operating in more than one jurisdiction.

A number of the States, however, were most concerned by the Keating Government's changes and three Victoria, Western Australia and South Australia have mounted a joint challenge to the Reform Act insofar as it relies on the external affairs and corporations powers. That challenge was heard by a Full Bench of the High Court in the first week of September and it is conceivable that a decision could be handed down whilst the present Bill is still before the Parliament.

The present Bill reflects some of those 'state's rights' concerns and a more general Coalition unease about the use of the external affairs power. Hence, proposed laws which provide remedies for 'harsh, unjust or unreasonable' dismissals will rely on the corporations, not the external affairs, power. There is not, however, a wholesale retreat from the use of 'secondary' industrial powers in the Bill.

The external affairs power is relied on in connection with termination for a prohibited reasons and in instances where adequate notice of dismissal is not provided. The corporations, trade and commerce, Territories and public sector powers also underpin various provisions in the Bill.

It would, of course, be somewhat inconvenient from the Commonwealth's perspective if the High Court were to largely uphold the three Coalition State Government's challenge to the use of the external affairs and corporations powers, thereby invalidating large parts of the existing Act and de-railing key elements in the present Bill. The operational provisions of the Bill are divided into 21 Schedules.

Given the length of the Bill, the number of disparate proposals it contains, and the timeframe in which this Digest must be produced, a clause by clause analysis of the legislation is not possible.

Instead, what follows is an issues orientated discussion which attempts to place the provisions in historical context. Possible technical problems with the legislation are also identified as they arise. The schedule provides for a new set of guiding principles in relation to the operation and interpretation of the re-titled Act.

Greater emphasis is placed on maintaining individual rather than collective rights and on promoting workplace level negotiations. It is not until item 3 h that reference is made to the traditional source of Commonwealth industrial power, section 51 35 of the Constitution which provides for the Commonwealth to establish arbitral machinery to prevent and settle interstate industrial disputes.

Reference to ensuring the maintenance of labour standards to meet Australia's international obligations is deleted from section 3 of the principal Act. Reference to encouraging the formation of representational organisations of employers and employees is also deleted from the principal Act. There is also provision for organisations to be both representative and accountable.

Reference is, however, now made in the principal objects to 'assisting employees to balance their work and family responsibilities through the development of mutually beneficial work practices with employers'. Comment: There is always some temptation to discard 'objects clauses' as no more than vague and high sounding statements of principle.

The fact remains that they do form part of the Act and may be referred to in resolving cases of contextual ambiguity. On the other hand, the lowly status given to the traditional industrial power is unlikely to lead to the legislation being invalidated on constitutional grounds.

Nor for that matter, is the failure to make reference in the objects clause to Australia's international treaty obligations a basis for arguing that those obligations are not being complied with under the new law. Under section 37, the Commission is also divided into industry panels. Each panel comprises a number of AIRC members. Panel membership is determined by the President of the AIRC as is the allocation of industry responsibilities between panels.

Is a public interest test for workplace whistleblowing in society’s interest?

This practice note explains your professional and regulatory obligations to raise concerns about the actions of your practice. This practice note is relevant to all law firms and sole practitioners authorised by the SRA. For more information see the legal status. My LS gives you exclusive access to the latest news, events, books and resources to help you excel within your practice.

Bills Digest 96 1995-96 Workplace Relations and Other Legislation Amendment Bill 1996

Clarendon county dump. They will take one large item per week. See details. David Casselman. All Locations. Future job growth over the next ten years is predicted to be Events are typically hosted by the local community or a community organization and are held on Saturday mornings in the spring and fall.

The Certification Officer’s Role as a Prescribed Person

Protect - Speak up, stop harm - Free, confidential whistleblowing advice. Whistleblowing for Employees GOV. Complain about a school GOV. Public Interest Disclosure Act

Employment Rights Act 1996 (ERA)

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For the avoidance of doubt, nothing in this paragraph shall preclude me making a protected disclosure within the meaning of Part IVA of the Employment Rights Act For the purposes of the Employment Rights Act , you hereby authorise the Corporation to deduct from your salary or any other payments due to you any agreed sums due from you to the Corporation, including any overpayments, loans or advances made to you by the Corporation. Section 43J of the Employment Rights Act provides that a settlement agreement made between an employee and employer cannot prevent future protected disclosures. The period of continuous employment shall be computed in accordance with the Employment Rights Act , as amended from time to time. Sample 1. Sample 2. Sample 3. Employment Rights Act means the Act No.

Search within Legislation

It reflects the legislation as introduced and does not canvass subsequent amendments. Date Introduced: 23 May House: House of Representatives Portfolio: Industrial Relations Commencement: For the most part, the substantive operational provisions of the Bill will come into effect on a date or dates to be set by proclamation. If those provisions are not proclaimed within 6 months, they will automatically commence 6 months after the date of Royal Assent.

Appeal allowed. The Appellant is a District Judge who raised concerns about cost-cutting reforms, in particular those affecting court room accommodation, increased workload and administrative failures. As a result of raising those concerns, she claimed that she was unfairly treated and her health was adversely affected. The Appellant appealed to the Supreme Court, arguing that she was a "worker" within the meaning of section 3 b ERA, or that she was in "Crown employment" within the meaning of section ERA, or that her exclusion from whistle-blowing protection was a breach of her rights under Article 14 of the ECHR read with Article The Supreme Court found that the Appellant was not a "worker" under limb b of section 3 ERA, because of the lack of contractual relationship, and she was not in "Crown employment". However, the imposition of detriments suffered by the Appellant was an interference with her right to freedom of speech under Article 10 ECHR, and the failure to extend the Part IVA protections to judicial office-holders was a violation of the Appellant's right under Article

The aim of the paper is to consider the efficacy of requiring a public interest test to be satisfied before protection is afforded to workers who blow the whistle under Part IVA of the Employment Rights Act ERA Not all definitions of whistleblowing require there to be a public interest in the disclosure of information. It also examines the jurisprudence of the European Court of Human Rights to see if it helps us to apply the public interest test. Finally, this test is considered in the context of UK legislation. Several sources of uncertainty are identified. These include the fact that personal and public interest matters may be intertwined and that an organization may encourage the internal reporting of concerns about wrongdoing that do not have a public dimension to further its private interests.

Please note that the hotline operated by whistleblowing charity Protect will close from 24th December to 4th January. The Public Interest Disclosure Act 'PIDA' protects workers who make certain disclosures of information in the public interest a 'protected disclosure' , and gives them the right not to be treated adversely as a consequence of making such a disclosure. You may be protected by law if you make a disclosure where you reasonably believe that your disclosure evidences past, present or likely future wrongdoing that falls into one or more of the following areas:.