📜 Industrial Relations Legislation Amendment Bill 2021

Contravening stop bullying or sexual harassment order

“51BN. Contravening stop bullying or sexual harassment order An employer must not contravene an order made under section 51BM. Penalty for this subsection: a penalty under section 83.”

Serious contravention of entitlement provision or civil penalty provision

“83EA. Serious contravention of entitlement provision or civil penalty provision (1) The industrial magistrate’s court may impose a pecuniary penalty on a person who has seriously contravened an entitlement provision or a civil penalty provision. (2) The pecuniary penalty must not be more than 10 times the pecuniary penalty that would otherwise be payable for the contravention.”

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. Penalty for this subsection: a penalty under section 83.”

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 or prospective employee because the employee or prospective employee has made an inquiry or complaint in relation to their employment or prospective employment. Penalty for this subsection: a penalty under section 83.”

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 to perform work for the employer is a contract for services. Penalty for this subsection: a penalty under section 83.”

Dismissing to engage under contract for services

“97E. Dismissing to engage under contract for services An employer must not dismiss an employee and then engage the employee as an independent contractor to perform the same or substantially the same work under a contract for services. Penalty for this subsection: a penalty under section 83.”

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 an employee to enter into a contract for services to perform the same or substantially the same work. Penalty for this subsection: a penalty under section 83.”

Certain advertising prohibited

“97H. Certain advertising prohibited A person must not advertise a position as being for an independent contractor if the person knows that the position is usually performed by an employee. Penalty for this subsection: a penalty under section 83.”

Information obtained under s. 98 not to be disclosed

“98A. Information obtained under s. 98 not to be disclosed A person must not disclose any information obtained under section 98 unless the disclosure is made — (a) with the consent of the person from whom the information was obtained; or (b) in connection with the administration or enforcement of this Act or any other written law; or (c) for the purpose of any legal proceedings arising out of this Act or any other written law or of any report of any such proceedings; or (d) in accordance with a requirement of any written law. Penalty for this subsection: a fine of $10 000.”