Workplace Relations Amendment (Improved Protection for Victorian Workers) Act 2003
No. 137, 2003
An Act to amend the Workplace Relations Act 1996, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Matters concerning Victoria
Part 1—Amendment of the Workplace Relations Act 1996
Part 2—Application and saving provisions
Schedule 2—Contract outworkers in Victoria in the textile, clothing and footwear industry
Part 1—Amendment of the Workplace Relations Act 1996
Part 2—Application
Schedule 3—Common rules
Part 1—Common rules generally
Workplace Relations Act 1996
Part 2—Common rules in relation to Victoria
Workplace Relations Act 1996
Part 3—Application and transitional provisions
Schedule 4—Common rules and contract outworkers in Victoria in the textile, clothing and footwear industry
Workplace Relations Act 1996
Workplace Relations Amendment (Improved Protection for Victorian Workers) Act 2003
No. 137, 2003
An Act to amend the Workplace Relations Act 1996, and for related purposes
[Assented to 17 December 2003]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Workplace Relations Amendment (Improved Protection for Victorian Workers) Act 2003.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 17 December 2003 |
2. Schedule 1 | A day or days to be fixed by Proclamation, subject to subsection (3) | 1 January 2004 (s 2(1); Gazette 2003, No. S502) |
3. Schedule 2 | A day or days to be fixed by Proclamation, subject to subsection (3) | 1 January 2004 (s 2(1); Gazette 2003, No. S502) |
4. Schedule 3 | A single day to be fixed by Proclamation. | 1 January 2004 (s 2(1); Gazette 2003, No. S502) |
5. Schedule 4 | The later of: (a) at the same time as the provisions covered by table item 4; and (b) immediately after the commencement of item 3 of Schedule 2 to this Act. | 1 January 2004 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
(2A) A Proclamation under item 4 of the table must not specify a day that occurs before the day on which section 52 of the Federal Awards (Uniform System) Act 2003 of Victoria commences.
(3) If a provision covered by item 2 or 3 of the table does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day…
Overview
The Workplace Relations Amendment (Improved Protection for Victorian Workers) Act 2003 was enacted by the Parliament of Australia to amend the Workplace Relations Act 1996, with a focus on improving protections for workers in Victoria. The Act addresses gaps in the existing legislation by introducing specific provisions related to workplace relations in Victoria, including amendments to the powers and functions of inspectors, the intervention of the Minister of Victoria in certain proceedings, and the establishment of a Supported Wage System. The policy objective behind this legislation is to ensure fair and enforceable minimum wages and conditions of employment for employees in Victoria, thereby providing them with improved protection in the workplace. The Act also includes provisions for the concurrent operation of Victorian laws, ensuring that the new provisions do not exclude or limit the operation of existing Victorian legislation.
Scope and Application
The Workplace Relations Amendment (Improved Protection for Victorian Workers) Act 2003 amends the Workplace Relations Act 1996 to enhance protections for workers in Victoria. This Act applies to employees in Victoria who are not covered by an award, certified agreement, or an Australian Wage Agreement (AWA). It provides specific provisions for minimum wage rates, paid annual leave, personal leave, sick leave, and bereavement leave for these employees. The amendments introduced by this Act apply to employment and leave entitlements accruing from the first year of employment commencing on or after the commencement of the Act, and to employment and leave entitlements accruing from the first anniversary of employment occurring on or after the commencement of the Act for employees engaged before the commencement of the Act. The Act also applies to contract outworkers in Victoria who perform work in the textile, clothing, and footwear industry, ensuring they are paid a minimum rate equivalent to what an employee would be paid for the same work. The amendments apply to work performed after the commencement of the Act, regardless of when the contract was entered into. This Act extends to Commonwealth, state, and territory jurisdictions, with specific provisions tailored to the unique needs of workers in Victoria.
Key Provisions
- The Workplace Relations Amendment (Improved Protection for Victorian Workers) Act 2003 (the "Act") amends the Workplace Relations Act 1996 (the "Principal Act"). Key provisions include changes to the powers and duties of inspectors, intervention rights for the Government of Victoria, and minimum wage and leave entitlements for employees in Victoria.
- Sections 1 to 3 of the Act amend the Principal Act to give inspectors the power to enter premises and require the production of documents to ascertain compliance with awards, agreements, and the Act's requirements. Section 501A allows the Commission to determine the Supported Wage System for certain employees in Victoria. Section 506 imposes penalties for non-compliance with minimum wage and leave entitlements.
- The Act imposes obligations on employers to provide paid annual leave, personal leave, and bereavement leave to employees in Victoria. Employers must also pay employees in excess of 38 hours per week at the applicable hourly rate. The Act requires employers to make and retain employment records and issue pay slips for employees not covered by an award, agreement, or award wage authority.
- Breaching minimum wage and leave entitlements is an offence under section 305 of the Principal Act, which carries a maximum penalty of 25 penalty units. Employers who fail to make and retain employment records or issue pay slips may also face penalties.
- Schedule 2 of the Act establishes minimum wage requirements for contract outworkers in Victoria in the textile, clothing, and footwear industry. Failure to comply with these requirements is an offence under section 541 of the Principal Act, which carries a maximum penalty of $10,000 for body corporates and $2,000 for other cases. Contract outworkers may also bring a civil action to recover unpaid wages within six years of the breach.
- Area of Law
- Employment & Labour Law
- Commercial Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Enforcement Powers
- Reporting & Disclosure Obligations
- Licensing & Registration
- Regulatory Standards
