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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Workplace Relations
Amendment (Emergency Services) Bill 2002
(Mr
McClelland)
A Bill for an Act to amend the
Workplace Relations Act 1996, and for related
purposes
Contents
A Bill for an Act to amend the Workplace Relations Act
1996, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Workplace Relations Amendment (Emergency
Services) Act 2002.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repeated as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 After paragraph 89A
(1)(g)
Insert
(ga) emergency services leave;
2 After paragraph 170CE
(1)(a)
Insert:
(aa) on the ground of the employee absenting herself or himself from work
without leave or being unavailable for work if the absence or unavailability was
due to the employee taking part in emergency operations as a member of an
emergency services organisation; or
3 Paragraph 170E(1)(c)
Omit the paragraph, substitute
(c) on any combination of grounds in paragraph (b) or on a ground or
grounds in either or both of paragraphs (b) and (aa) and the grounds in
paragraph (a).
4 After Part XA
Insert:
Part
XB—Victimisation of employees engaged in emergency service
activities
Insert:
This Part has the object ensuring that employees are not subjected to
victimisation by their employer for the reason of the employees being absent
from work without leave or being unavailable for work because the employees are
taking part in emergency operations as members of an emergency services
organisation.
This Part applies to the employment of employees if the employee
concerned was:
(a) a Commonwealth public sector employee; or
(b) a Territory employee; or
(c) a Federal award employee who was employed by a constitutional
corporation; or
(d) a Federal award employee who was a waterside worker, maritime employee
or flight crew officer, employed in the course of, or in relation to, trade or
commerce between Australia and a place outside Australia, between the States,
within a Territory, between a State and a Territory, or between 2
Territories.
(1) An employer must not victimise an employee of the employer for the
reason of being absent from work without leave or unavailable for work if the
absence or unavailability was due to the employee taking part in emergency
operations as a member of an emergency services organisation.
(2) An employer victimises an employee if the employer:
(a) dismisses the employee from employment with the employer or terminates
the engagement of the employee by the employer; or
(b) alters the employee's position in her or his employment with the
employer, or alters the circumstances of the employee's engagement by the
employer, to the employee's prejudice; or
(c) otherwise injures the employee in her or his employment with, or
engagement by, the employer.
(1) An application may be made to the Court for orders under section
298ZE in respect of conduct in contravention of this Part.
(2) An application may be made by:
(a) an employee against whom the conduct has been, is being or would be
carried out; or
(b) an organisation of which an employee is a member;
(c) the Minister or a person authorised by the Minister.
298ZE Orders that the Court may
make
In respect of conduct in contravention of this Part, the Court may, if
the Court considers it appropriate in all the circumstances of the case, make
one or more of the following orders:
(a) an order imposing on an employer whose conduct contravened or is
contravening the provision in question a penalty of not more than $1,000;
(b) injunctions (including interim injunctions), and any other orders,
that the Court thinks necessary to stop the conduct or remedy its
effects;
(c) any other consequential orders.
298ZF Proof not required of the reason for, or
the intention of, conduct
If:
(a) in an application under this Part relating to an employer’s
conduct, it is alleged that the conduct was, or is being, carried out for the
reason set out in section 298ZC; and
(b) for the employer to carry out the conduct for that reason it would
constitute a contravention of this Part;
it is presumed, in proceedings under this Part arising from the
application, that the conduct was, or is being, carried out for that reason,
unless the employer proves otherwise.
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