Nsw unfair dismissal amendment

News

Nsw unfair dismissal amendment

The NSW Government has introduced a Bill intended to grant power to the Australian Industrial Relations Commission (AIRC) to hear unfair dismissal applications made by ‘federal award employees’ employed by employers which are not ‘constitutional corporations’ and to grant power to the Federal Court to enforce orders made arising from such applications.

WantToReadMore

Get unlimited access to all of our content.

The NSW Government has introduced a Bill intended to grant power to the Australian Industrial Relations Commission (AIRC) to hear unfair dismissal applications made by ‘federal award employees’ employed by employers which are not ‘constitutional corporations’ and to grant power to the Federal Court to enforce orders made arising from such applications. A dismissal is ‘unfair’ if it is found to be harsh, unjust or unreasonable.

The (NSW) Industrial Relations Amendment (Federal Award Employees) Bill 1998 is intended to close the gap which arose with the Full Bench decision in Moore v Newcastle City Council; Re The Civic Theatre Newcastle. In that case the IRCNSW Bench determined that the NSW unfair dismissal provisions were not intended to cover employees under federal awards. At the same time these employees would be excluded from making unfair dismissal claims under the (Cth) Workplace Relations Act 1996if their employer was not a constitutional corporation.

The NSW Bill operates by declaring relevant unfair dismissal provisions of the (Cth) Workplace Relations Act 1996to be a ‘state law’ for the purposes of ss5(8) and 5(9) of the Workplace Relations Act 1996. Sections 5(8) and 5(9) provide that where the federal unfair dismissal provisions are declared to be state law to allow the state to grant power to the AIRC and Court, the federal Act will not override the provisions.

The Bill is expected to pass in the NSW Parliament. It should be noted that the Bill does not affect the access of any other type of employee and nor does it affect the existing access of employees alleging termination for a prohibited reason (unlawful termination).

Unfair Contracts

Further to HR Link Issue No 136/98 (12 November 1998) Australian Business understands that the Industrial Relations Amendment (Unfair Contracts) Act 1998(NSW) which amends the unfair contracts provisions of the Industrial Relations Act 1996is expected to come into effect on 1 December 1998.

 

Post details