November 2003: the month in IR

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November 2003: the month in IR

Superannuation amendments become law; a myriad of IR legislation continues its way through the Federal Parliament; The AIRC applies a wide interpretation to legitimate EA matters; The ACT goes with Industrial manslaughter laws; the ACTU kicks off the 2004 National wage case; plus more cases, laws and updates.

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Source: WorkplaceInfo

 

Superannuation amendments become law; a myriad of IR legislation continues its way through the Federal Parliament; The AIRC applies a wide interpretation to legitimate EA matters; The ACT goes with Industrial manslaughter laws; the ACTU kicks off the 2004 National wage case; plus more cases, laws and updates.

Federal legislation

New superannuation laws concerning the Government co-contribution for employees’ contributions; reduction in surcharge rates; splitting superannuation contributions; portability of inactive superannuation accounts; and choice of funds were passed by Parliament (435).

The Building and Construction Industry Improvement Bill 2003 was introduced into Parliament (439).

The Workplace Relations Amendment (Better Bargaining) Bill 2003, which seeks to effectively ban pattern bargaining, was introduced into Parliament (440).

The Federal Government announced its intention to amend the Disability Discrimination Act to remove addiction to illegal drugs from disabilities covered by Federal discrimination (442).

Legislation allowing Victoria’s 350,000 schedule 1A workers access to Federal Award safety net conditions was introduced into Parliament (482).

AIRC decisions

A wide interpretation of the scope of matters can legitimately be brought under federal enterprise agreements (470).

A nursing home employee terminated for misconduct won compensation for unfair dismissal - it was found that any 'real analysis' of the evidence would raise questions about her employer’s decision to terminate her employment (476).

A Western Australian agreement was certified despite it failing the no-disadvantage test (486).

Although a Federal award will override any directly clashing State award, it did not follow that both a Federal award and a State award could not apply to a group of employees at one workplace (496).

Applications from farmers wanting to delay the implementation of the 2003 Safety Net adjustment on the grounds of economic hardship were expedited (500).

A liquidator’s argument that the AIRC was a court was ill-founded (502).

High Court decisions

A person who displays violent behaviour cannot seek redress under the Federal Disability Discrimination Act 1992 by arguing that their violent behaviour was caused by a mental disability (498).

NSW IRC decisions

A manager was found to have been constructively dismissed when his duties were markedly changed (482).

A South Sydney Council employee’s claim that the Council subjected him to homophobic harassment and discrimination was rejected (495).

A partner in a recycling business was found to be entitled to fair remuneration for the work he performed as well as a share in the business profits (509).

WA IRC decisions

Pioneer Construction was given the green light to implement compulsory drug testing, by urine sample, of its truck drivers (491).

Queensland Anti-discrimination Tribunal

A local council was ordered to pay compensation to a man with bi-polar disorder because one of its employees discriminated against him on the basis of his mental illness (506).

ACT legislation

Controversial industrial manslaughter laws were passed by the ACT Parliament (472).

Victorian legislation

Victorian laws that break-down complex clothing contracting chains to secure the wages and entitlements of outworkers commenced on 1 November, 2003 (443).

National Wage Case 2004

The 2004 National Minimum Wage Case was off and running with the announcement that the ACTU will seek a wage increase of more than $25 per week (453).

Women at work

McDonald’s CEO Guy Russo walked away with the leading CEO for the Advancement of Women Award at the Equal Opportunity in the Workplace Agency Business Achievement awards (458).

Gender equality would help put an end to violence against women, including workplace violence, the UN said (465).

Harassment

Men continued to be the worst offenders when it came to alleged sexual harassment in the workplace, according to figures released by the Human Rights and Equal Opportunity Commission (HREOC) (448).

Wages

A myriad of industrial laws and agreements was no excuse for failing to pay employees their correct entitlements, the Association for Payroll Specialists claimed (471).

Skills

Key skill shortages produced long-term negative consequences that could not always be left to correct themselves through unfettered labour-market forces, a Senate report said (447).

Executive employment

Australian companies were urged to adopt serious long-term strategies and do away with the cost-cutting mentality that was decimating the executive job market (445).

People

Colin George Polites, Senior Deputy President of the AIRC, died aged 57 after a long battle with cancer (455).

 

 

 

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