SA IRC can now hear WorkChoices disputes

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SA IRC can now hear WorkChoices disputes

New laws in South Australia will allow the State’s Industrial Relations Commission to resolve employment related disputes under the Federal Government’s WorkChoices system.

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New laws in South Australia will allow the State’s Industrial Relations Commission to resolve employment related disputes under the Federal Government’s WorkChoices system.

This is possible under amendments to the Commercial Arbitration and Industrial Referral Agreements Act 1986 which came into effect on 1 April.

Alternative dispute resolution

Under the Federal WorkChoices legislation, provision is made for alternative dispute resolution processes. The State legislative change means employers and employees, including those covered by the Federal system, can agree to have the State Industrial Relations Commission provide that service.

However under the amendments, both parties must agree to having their dispute resolved in the State Commission. The parties will then be able to establish the particular role and powers to be adopted by the State tribunal in relation to their dispute.

Unfair dismissals

The amendment also includes the potential to provide a remedy for unfair dismissal disputes where one does not presently exist.

The Commission has provided forms and guidance material which are available from its website.

NSW adopted a similar provision late last year.

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