The History of Workplace Law

The History of Workplace Law

Statute of Labourers 1351

·  Required able bodied persons who did not have a means of support to work for a set wage.

The Combination Acts of 1799 and 1800

·  Prohibited union involvement.

Factory Act 1833

·  Recognised the immorality of half-naked girls working in mines and protected children from exploitation.

Master and Servant Acts 1850 and 1867

·  Workers could be imprisoned for up to three months for breach of contract. The employer could be punished if they failed to pay an employee.

Trade Union Act 1871

·  Recognised trade unions as distinct corporate organisations.

Conciliation and Arbitration Act (Cwlth)

·  Established the Conciliation and Arbitration Court (commonwealth court therefore an exclusive power)

Factories and Shop Act 1912 (NSW)

·  Employers to follow specific work procedures or risk criminal penalties.

Construction Safety Act 1912

·  Outlines regulations concerning employer standards of safety

Equal Pay for Work of Equal Value Case 1972

·  Established the precedent that both genders ought to be paid the same amount for doing the same work.

Anti-discrimination Act 1977 (NSW)

·  Banned discrimination in the workplace as outlined in the act

Employment Protection Act 1982 (NSW)

·  Required there to be advanced warning regarding dismissal.

Sexual Discrimination Act 1984 (Cwlth)

·  Banned gender-based discrimination in the workplace.

Human Rights and Equal Opportunity Commission Act 1986

·  Federal government’s anti-discrimination act

Worker’s Compensation Act 1987 (NSW)

·  Provided compensation to employees who have been injured in the workplace.

Industrial Relations Act 1988 (Cwlth)

·  Replaced the Conciliation and Arbitration Act to emphasise conciliation over arbitration.

Superannuation Guarantee (Administration) Act 1992 (Cwlth)

·  Created compulsory superannuation to protect employees post-retirement.

Disability Discrimination Act 1993 (Cwlth)

·  Aimed to prevent discrimination against disabled peoples in the workplace.

Industrial Relations Reform Act 1993 (Cwlth)

·  Amended the Industrial Relations Act to include unfair dismissal.

Workplace Relations Act 1996 (Cwlth)

·  Introduced Australian Workplace Agreements, amended unfair dismissal laws, abolished the Industrial Relations Court of Australia and introduced freedom of association.

Workplace Injury Management and Worker’s Compensation Act 1998 (NSW)

·  Amended the Worker’s Compensation Act 1987

Equal Opportunity for Women in the Workplace Act 1999 (Cwlth)

·  Aimed to provide equal opportunities in the workplace exclusively for women.

Workplace Relations Amendment (Termination of Employment) Act 2001 (Cwlth) and the Worplace Relations Amendment (Fair Termination) Act 2002 (Cwlth)

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Occupational Health and Safety Act 2003 (NSW)

·  Aims to protect the health, safety and welfare of all people in the workplace (also self-employed people).

Work Choices Act 2005 (Cwlth)

·  Abolished the Australian Industrial Relations Commission.

·  Set up a new commission to evaluate minimum wage called the Fair Pay Commission.

Fair Work Australia Act 2009 (Cwlth)

·  Replaced Work Choices Act and caused all states (excepting Western Australia) to refer their industrial powers to the commonwealth.

·  Created Fair Work Australia (a national tribunal that replaced the AIRC), the Australian Fair Pay Commission (which set minimum wages) and the Workplace Authority (which approved collective agreements made before first July 2009 and assess them using the no-disadvantage test).

The 10 National Employment Standards are:

v  Maximum weekly hours of work – 38 hours per week, plus reasonable additional hours.

v  Requests for flexible working arrangements – allows parents or carers of a child under school age or of a child under 18 with a disability, to request a change in working arrangements to assist with the child’s care.

v  Parental leave and related entitlements – up to 12 months unpaid leave for every employee, plus a right to request an additional 12 months unpaid leave, plus other forms of maternity, paternity and adoption related leave.

v  Annual leave – 4 weeks paid leave per year, plus an additional week for certain shift workers.

v  Personal/carer’s leave and compassionate leave – 10 days paid personal/carer’s leave, two days unpaid carer’s leave as required, and two days compassionate leave (unpaid for casuals) as required.

v  Community service leave – unpaid leave for voluntary emergency activities and leave for jury service, with an entitlement to be paid for up to 10 days for jury service.

v  Long service leave – a transitional entitlement for certain employees who had certain LSL entitlements before 1/1/10 pending the development of a uniform national long service leave standard.

v  Public holidays – a paid day off on a public holiday, except where reasonably requested to work.

v  Notice of termination and redundancy pay – up to 4 weeks notice of termination (5 weeks if the employee is over 45 and has at least 2 years of continuous service) and up to 16 weeks redundancy pay, both based on length of service.

v  Provision of a Fair Work Information Statement – employers must provide this statement to all new employees.