Workplace Relations Legislation Amendment (Youth Employment) Act 1999

Overview

The Workplace Relations Legislation Amendment (Youth Employment) Act 1999, enacted by the Parliament of Australia, was designed to address the specific needs of young people in the labour market by amending the Workplace Relations Act 1996 and the Workplace Relations and Other Legislation Amendment Act 1996. The Act sought to provide protections and opportunities for young people, specifically targeting the promotion of youth employment, skills, and community standards, while also aiming to reduce youth unemployment. The policy objective behind this legislation was to ensure that the competitive position of young people in the labour market was safeguarded, thereby encouraging their employment and skill development. The Act introduced provisions that allowed for the inclusion of junior wage rates and trainee wage arrangements, ensuring they did not constitute age discrimination, and it emphasised the importance of workplace agreements in achieving these goals. The amendments made by the Act included adjustments to the functions and powers of the Workplace Relations Commission, focusing on encouraging agreements between employers and employees at the workplace or enterprise level, and using a case-by-case approach to address the unique needs of young people in the workforce. The Act also provided mechanisms for varying awards to include junior rates of pay and for removing such rates where necessary, with the onus on the applicant to demonstrate the need for such variations. Furthermore, it clarified that junior wage provisions and trainee wage arrangements, under specific conditions, were not to be considered discriminatory based on age. This legislation aimed to create a more supportive environment for young people in the workforce, ensuring that their employment opportunities and skill development were given due consideration in workplace relations.

Scope and Application

The Workplace Relations Legislation Amendment (Youth Employment) Act 1999 amends the Workplace Relations Act 1996 and the Workplace Relations and Other Legislation Amendment Act 1996 with a focus on enhancing the employment prospects and conditions for young people in Australia. This Act applies to the Australian Commonwealth and primarily targets entities and individuals within the workplace relations framework, including employers, employees, and the Australian Industrial Relations Commission (AIRC). It aims to protect the competitive position of young people in the labour market, promote youth employment, enhance youth skills, and assist in reducing youth unemployment by allowing for appropriate wage provisions, including junior wage provisions. The Act also ensures that certain wage arrangements for trainees are not considered discriminatory based on age. The geographic reach of this Act is national, applying across all states and territories in Australia. The provisions of the Act commence on the 28th day after the Act receives Royal Assent, with some sections taking effect immediately upon assent. The Act does not explicitly state any exclusions or exemptions but allows for the AIRC to vary awards to include junior rates of pay or remove them, with the onus of proof resting on the applicant. This legislative amendment underscores a national commitment to fostering better employment outcomes for young people by allowing for more tailored wage provisions within the industrial relations system.

Key Provisions

The Workplace Relations Legislation Amendment (Youth Employment) Act 1999 (Cth) is a legislative instrument that seeks to amend the existing workplace relations legislation in Australia to focus on youth employment. The Act introduces several key provisions to support young people in the labour market. Section 1 of the Act allows for the citation of the Act as the Workplace Relations Legislation Amendment (Youth Employment) Act 1999. Section 2 details the commencement of the Act, with certain sections coming into effect on Royal Assent, and the Schedules taking effect 28 days later. Schedule 1 amends the Workplace Relations Act 1996 (Cth) by inserting provisions that protect the competitive position of young people in the labour market, promote youth employment, youth skills, and community standards, and assist in reducing youth unemployment. For instance, section 1 amends paragraph 3(a) to include these objectives, and section 2 modifies paragraph 88A(d) to ensure the Australian Industrial Relations Commission's (AIRC) functions and powers are exercised to encourage workplace agreements and protect young people's interests. The Act imposes specific obligations on the AIRC to consider the need to protect young people's interests when performing their functions and powers. For example, section 3 amends paragraph 88B(3)(b) to include the need to protect young people's competitive position in the labour market through appropriate wage provisions, including junior wage provisions. Additionally, section 4 ensures that junior wage provisions are not treated as discrimination by reason of age. Section 5 allows the AIRC to vary awards by including or varying junior rates of pay, placing the onus of proof on the applicant for such variations. Furthermore, sections 6 and 7 require awards to include provisions that protect young people's interests, including the inclusion of junior rates of pay where appropriate. Failure to comply with the provisions of the Act may result in civil or criminal consequences. While the Act does not explicitly outline specific penalties for non-compliance, breaches of workplace relations laws can lead to enforcement actions by the Fair Work Ombudsman, including fines for individuals and corporations. The maximum penalties for contraventions of workplace laws can vary, with significant financial penalties for corporations and lesser penalties for individuals, depending on the nature and severity of the breach. Additionally, persistent non-compliance may result in legal action, including court proceedings that could lead to further financial penalties or injunctions to compel compliance with the Act's provisions.