Unfair contracts bill passes legislative council

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Unfair contracts bill passes legislative council

The NSW Legislative Council today (29 April) unanimously passed the Government’s legislation to amend the unfair contract provisions of the Industrial Relations Act 1996.

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The NSW Legislative Council today (29 April) unanimously passed the Government’s legislation to amend the unfair contract provisions of the Industrial Relations Act 1996.

It is presently unclear when the Legislative Assembly will debate the Bill, although it may happen as soon as tomorrow, Thursday, 30 April.

As reported in HR Link of 15 April 1998 (Issue No 41/98), the Bill is intended to "remove the possibility of unfair dismissal claims being dealt with by the Industrial Relations Commission under provisions relating to unfair contracts".

Unfortunately, there is serious concern that the Bill may not achieve its stated end.

In a submission to the Minister, the Chamber has argued that the Bill may not prevent, for example, unfair contract claims which allege unfairness simply on the basis of a termination payout being ‘inadequate’. Such claims are not actionable under the unfair dismissal provisions but have been sustained under the unfair contract provisions.

 

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