Victorian legislation

Victoria handed over its general industrial relations powers to the federal jurisdiction in the early 1990s and all employees in that State continue to be part of the federal industrial relations system. National system employers include both trading corporations and non-incorporated businesses that are subject to state referral.

Commonwealth Powers (Industrial Relations) Act 1996
Long Service Leave Act 1992
Child Employment Act 2003
 
Overview
 
The federal IR system applies to most Australian employers and their employees, including those in Victoria.
 
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). 
 
Victoria handed over its general industrial relations powers to the federal jurisdiction in the early 1990s and all employees in that State continue to be part of the federal industrial relations system.
 
National system employers include both trading corporations and non-incorporated businesses that are subject to state referral.
 
Commonwealth Powers (Industrial Relations) Act 1996
 
The purpose of this Act is to refer to the Parliament of the Commonwealth certain matters relating to industrial relations within the state of Victoria — including matters of conciliation and arbitration for the prevention and settlement of industrial disputes, minimum terms and conditions of employment for employees as well as matters relating to termination of employment and freedom of association.

Federal Awards (Uniform System) Act 2003

The Victoria Government introduced the Federal Awards (Uniform Systems) Act 2003 with the aim of establishing a more equitable system of industrial relations. The Act referred power to the Commonwealth Parliament, allowing it to pass laws permitting the Australian Industrial Relations Commission to make 'common rule' orders for Victorian industries

This has allowed Federal award provisions to be extended to state workers, providing a more comprehensive and consistent set of minimum employment standards, and establishing a uniform industrial relations framework for Victoria.

Long Service Leave Act 1992

This Act establishes a minimum of 13 weeks long service leave for employees after 15 years of continuous service. An employee is entitled to receive their ordinary pay while on leave.

The Act applies to all employees in Victoria, except those covered by another act, federal award, certified or individual agreement that provides increased long service leave entitlements. The legislation applies to most Victorian employees working under the federal Fair Work legisaltion.
 
Outworkers (Improved Protection) Act 2003

This Act aims to ensure protection and fairness for outworkers in the clothing industry in Victoria. The Act increases the entitlements of outworkers and provides a simple low-cost process to recover money owing.

The Act also establishes the Ethical Clothing Trades Council of Victoria, which includes representatives from retailers, manufacturers, unions and the community. The Council promotes self-regulation in the industry through voluntary codes of practice as a means to ensure that outworkers receive their entitlements.

Child Employment Act 2003

This Act sets out general limitations relating to the employment of children, including the minimum age of employment and the number of hours worked.

The Act provides a system of permits to allow the employment of children under the age of 15. Children under the age of 15 are able to work in family businesses without a permit. The Act also prohibits some types of employment.

The Act aims to ensure that work does not adversely affect a child's education, and that the health safety and moral welfare of children at work is protected
Construction Industry Long Service Leave Act 1997

Employers are generally obliged by Federal awards and the Long Service Leave Act 1992 to provide long service leave, employers in the building industry are subject to special regulations. The Construction Industry Long Service Leave Act 1997 provides for portable long service leave for construction industry workers. The scheme is administered by CoInvest Limited on behalf of the construction industry.

Under the Fund rules workers are allowed to have a break of four years instead of two from the construction industry while retaining previous service credits.
 
Equal Opportunity Act 2010
 
Direct and indirect discrimination based on the following attributes is prohibited: age, breastfeeding, employment activity, gender identity, disability, industrial activity, lawful sexual activity, marital status, parental status or status as a carer, physical features, political belief or activity, pregnancy, race, religious belief or activity, sex, sexual orientation, personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes.
 
The Act includes a duty to take positive action to eliminate discrimination, sexual harassment and victimisation.
 
Discrimination is prohibited in employment, employment-related areas, education, the provision of goods and services and disposal of land, accommodation, by clubs and club members, in sport and in local government. Specific exceptions apply in each of these areas.
 
Sexual harassment is specifically prohibited in Part 6 of the Act.
 
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 Victorian legislation
 

VIC Accident Compensation Act 1985

VIC Child Employment Act 2003

VIC Construction Industry Long Service Leave Act 1997

VIC Long Service Leave Act 1992

VIC Public Holidays Act 1993

VIC Equal Opportunity Act 2010

 

 

 

 

 

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