Industrial Relations Legislation Amendment Act 1992

Overview

The Industrial Relations Legislation Amendment Act 1992, enacted by the Parliament of Australia, addresses gaps and problems in existing industrial relations law, particularly focusing on the regulation of contracts involving independent contractors and the certification of agreements between employers and employees. This legislation amends the Industrial Relations Act 1988 to introduce mechanisms for reviewing and potentially varying unfair contracts with independent contractors, thereby ensuring that these contracts do not exploit the parties involved. Furthermore, it establishes a framework for the certification of agreements that aim to prevent and settle industrial disputes, promoting more stable and fair industrial relations. The policy objective is to further the objects of the Act by providing mechanisms for the fair treatment of independent contractors and facilitating the making and certifying of agreements for the prevention and settlement of industrial disputes.

Scope and Application

The Industrial Relations Legislation Amendment Act 1992 applies to the Commonwealth, and amends the Industrial Relations Act 1988 to introduce various changes. These include the establishment of a Vice President's Panel, the introduction of procedures for reviewing contracts with independent contractors, and the creation of a new process for certifying agreements between employers and employees to facilitate the prevention and settlement of industrial disputes. The Act extends to constitutional corporations and contracts relating to trade or commerce, and includes specific provisions for agreements affecting a single business, part of a single business, or a single place of work. The Act also makes amendments to the National Labour Consultative Council Act 1977, including changes to the membership and functions of the Council. Certain transitional provisions are included to manage the effects of the amendments on existing agreements and designated Presidential Members. The application of the Act may be extended through subordinate instruments, but no such extensions or restrictions are specified in the text.

Key Provisions

• The Industrial Relations Legislation Amendment Act 1992 amends the Industrial Relations Act 1988 by introducing new provisions related to certified agreements and unfair contracts with independent contractors, among other changes. Section 38 of the Principal Act is repealed and replaced with a new provision establishing a Vice President’s Panel to organize and allocate work. The Act also introduces new sections 127A and 127B to allow for the review and potential ordering of unfair contracts with independent contractors. Certified agreements, which are agreements for the settlement of industrial disputes or the prevention of future disputes, are introduced through Division 3A of Part VI. These agreements can be certified by the Commission, provided they meet certain criteria, such as not disadvantaging employees and including procedures for preventing and settling future disputes. The Commission can refuse to certify agreements if they believe the terms are beyond their award-making powers or if certification would be contrary to the public interest. Certified agreements can be extended, varied, or terminated under certain conditions, and they can be enforced through orders by the Full Bench. Additionally, the Act introduces a small claims procedure for magistrates' courts, allowing for the recovery of certain amounts without strict legal formalities.
• Entities and individuals governed by the Act, such as employers and independent contractors, are subject to specific obligations and requirements. Employers must ensure that contracts with independent contractors do not contain unfair, harsh, or public interest-contravening terms, and they must allow for the possibility of contract review and potential orders by the Commission. Independent contractors must be aware of their rights and obligations under the new provisions and ensure their contracts comply with the Act’s requirements. Organizations of employees and employers must also be aware of the new membership rules allowing independent contractors to join these organizations if they meet the eligibility criteria.
• The Act imposes various penalties and consequences for breaches. Employers who terminate contracts with independent contractors in contravention of the Act may be subject to court orders for compensation. Individuals who engage in prohibited activities, such as coercing eligible persons to join organizations, may face criminal penalties. The Act also outlines specific procedures and conditions for the enforcement of certified agreements and the resolution of disputes related to these agreements. Non-compliance with the Act’s provisions may result in the termination of agreements, orders from the Full Bench, or other remedies as specified in the Act.

Legal classification tags

Area of Law

Employment & Labour Law

Industrial Relations Law

Instrument

Act

Concepts

Definitions & Interpretation

Licensing & Registration

Reporting & Disclosure Obligations

Repeal & Amendment

Civil Penalty Provisions

Enforcement Powers

Transitional Provisions

Offence Provisions