📜 Industrial Relations Legislation Amendment Bill 2020
The Industrial Relations Legislation Amendment Bill 2020 amends the Industrial Relations Act 1979, the Long Service Leave Act 1958, and the Minimum Conditions of Employment Act 1993. It aims to protect vulnerable workers, tackle wage theft, and ensure a level playing field for WA employers.
Impact
This bill impacts WA employers and employees by introducing new regulations around workplace bullying, equal remuneration, long service leave, and wage theft. It aims to provide greater protection for workers and ensure fair practices by employers.
Key Changes
Parliamentary Progress
- LA Second Reading MovedLA25 June 2020
- LA IntroducedLA25 June 2020
- LA Second Reading AgreedLA18 Aug 2020
- LA Consideration in DetailLA19 Aug 2020
- LC Second Reading MovedLC20 Aug 2020
- LA AmendedLA20 Aug 2020
- LA Third ReadingLA20 Aug 2020
Penalty Provisions12 found
Employee and prospective employees not to be unreasonably compelled to spend or pay amount
“17BA. Employee and prospective employees not to be unreasonably compelled to spend or pay amount (1) An employer must not unreasonably compel an employee or a prospective employee to spend or pay an amount. (2) Without limiting subsection (1), an employer unreasonably compels an employee or a prospective employee to spend or pay an amount if the compulsion is for the benefit of the employer or a person or body associated with the employer.”
Employer obligations in relation to pay slips
“49DA. Employer obligations in relation to pay slips (1) An employer must give a pay slip to an employee on or before each pay day.”
Employer obligations in relation to pay slips
“(3) An employer must ensure that a pay slip given to an employee complies with the regulations.”
Contravening stop bullying order
“51BN. Contravening stop bullying order A person must not contravene a stop bullying order.”
Serious contravention of entitlement provision or civil penalty provision
“83EA. Serious contravention of entitlement provision or civil penalty provision (1) This section applies if the industrial magistrate’s court is satisfied that a person has seriously contravened an entitlement provision or a civil penalty provision. (2) A contravention is a serious contravention if — (a) the person knew the contravention was occurring; and (b) the contravention was part of a systematic pattern of conduct relating to 1 or more other contraventions of the same or a different entitlement provision or civil penalty provision.”
Person must comply with compliance notice
“84T. Person must comply with compliance notice A person to whom a compliance notice is given must comply with the notice.”
Damaging action because of inquiry or complaint
“97A. Damaging action because of inquiry or complaint An employer must not take damaging action against an employee because the employee has made an inquiry or complaint in relation to their employment.”
Misrepresenting contract of employment as contract for services
“97D. Misrepresenting contract of employment as contract for services An employer must not represent to an individual that a contract of employment under which the individual is or was employed by the employer is a contract for services.”
Dismissing to engage under contract for services
“97E. Dismissing to engage under contract for services An employer must not dismiss an employee and engage the employee as an independent contractor to perform the same, or substantially the same, work under a contract for services.”
False statement to engage under contract for services
“97F. False statement to engage under contract for services An employer must not make a statement that the employer knows is false in order to persuade or influence an employee to enter into a contract for services to perform the same, or substantially the same, work for the employer.”
Certain advertising prohibited
“97H. Certain advertising prohibited A person must not advertise an employment position if the advertisement states or implies that a person will be engaged as an independent contractor to perform the duties of the position.”
Information obtained under s. 98 not to be disclosed
“98A. Information obtained under s. 98 not to be disclosed A person who obtains information in the course of performing a function under section 98 must not disclose that information to another person unless the disclosure is made — (a) for the purpose of performing a function under this Act; or (b) for the purpose of any legal proceedings arising out of this Act or any report of such proceedings; or (c) with the consent of the person to whom the information relates. Penalty: 50 penalty units.”
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