Tas legislation

The federal IR system applies to most Australian employers and their employees, including those in Tasmania. The Fair Work Act 2009 covers employers who are 'constitutional corporations' and employers which are 'referred' under federal industrial relations coverage by state legislation.

The federal IR system applies to most Australian employers and their employees, including those in Tasmania. The Fair Work Act 2009 covers employers who are ‘constitutional corporations’ (in layman’s language this means an incorporated commercial trading business) and employers which are ‘referred’ under federal industrial relations coverage by state legislation (see below). 
 
All States except for Western Australia have referred their industrial relations powers relating to private industry to the Commonwealth, with the aim of  creating a national IR system.
 
National system employers include both trading corporations and non-incorporated businesses that are subject to state referral.
 
The Industrial Relations (Commonwealth Powers) Act 2009 (Tas) received Assent on 17 December 2009 and was proclaimed to commence on 1 January 2010. The result is that employees of all private industry businesses (whether incorporated or not) in Tasmania are covered by the Fair Work Act from 1 January 2010.
 
The National Employment Standards apply to all private sector businesses from 1 January 2010. Existing award or agreement rates continued to apply until 1 July 2010 when a phasing in of new rates commenced — ending July 2014. 
 
Employees of government agencies, for example local councils and the State public service, will remain covered by the relevant State employment legislation.
 
Other legislation applies to Tasmania employers and employees as noted below. Comments on the Long Service Leave Act 1976 and the Anti-Discrimination Act 1998 are immediately below.
 
Long Service Leave Act 1976
 
The Long Service Leave Act 1976 is generally applicable and provides a framework for private sector workers long service entitlements in Tasmania. The Act provides 8.66 weeks' long service leave in respect of the first 10 years' continuous employment with an employer; and 4.33 weeks' long service leave in respect of each additional 5 years' continuous employment with the employer. See Long service leave — Tasmania.
 
This Act is the source of long service leave entitlements for most Tasmanian employees under the Fair Work legislation.
 
Anti-Discrimination Act 1998
 
The Anti-Discrimination Act 1998 prohibits direct and indirect discrimination on the ground of the following attributes: race, age, sexual orientation, lawful sexual activity, gender, marital status, relationship status, pregnancy, breastfeeding, parental status, family responsibilities, disability, industrial activity, political belief or affiliation, political activity, religious belief or affiliation, religious activity, irrelevant criminal record, irrelevant medical record, and association with a person who has, or is believed to have, any of these attributes.
 
Victimisation, sexual harassment, inciting hatred, promoting discrimination and prohibited conduct and aiding someone in contravening the Act are expressly prohibited (Div 2).
 
This legislation operates alongsde federal EEO/anti-discrimination legislation, but a remedy in any particular case may be pursued through either the state of federal system and not oncurrently.
 
Links to Tasmanian legislation
 

Tas Long Service Leave Act 1976

Tas Statutory Holidays Act 2000

Tas Workers Rehabilitation & Compensation Act 1988

TAS Anti-Discrimination Act 1998
 

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