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The Industrial Relations Legislation Amendment Act 2021 was passed by the Victoria government to amend 8 Acts in Victoria:

Below we provide a brief summary of the amendments to each of the 8 Acts.

  1. Construction Industry Long Service Leave Act 1997

The Bill would allow the transfer of information from the Construction Industry Long Service Leave Fund to the Portable Long Service Benefits Authority established under the Long Service Benefits Portability Act 2018.

  1. Long Service Benefits Portability Act 2018

The amendments will result in the following:

  • It would allow the Authority to provide information to the Wage Inspectorate Victoria and to the Construction Industry Long Service Leave Authority.
  • Clarifies that information to be kept on the employee’s register may be expressed in part days or hours.
  • Expansion of the “no double-dipping” provisions to include a contract of employment.
  • A person who is no longer active on the register for the building and construction sector is not excluded from being an employee or contract worker in the contract cleaning industry or security industry.
  • Removal of the requirement within the community services sector for the Authority to provide annual statements to registered workers within 30 days of the end of the financial year.
  1. Long Service Leave Act 2018

The Act transfers the powers of the Authority (around authorised officers and enforcement) to the Wage Inspectorate Victoria. It also extends the prohibition on contracting out of the Act to deeds between an employer and employee and arrangements between a former employer and employee. Further, it establishes an offence of failure to pay the full amount of an employee’s long service leave entitlement.

  1. Labour Hire Licensing Act 2018

The Act will have new definitions for Tier 1, 2 and 3 businesses and this will be in accordance with their actual or projected turnover for the preceding 4 quarters. It will also allow the Labour Hire Licensing Authority to retain and deposit monies received from licence fees and investments whereas previously the monies were held in a trust. Finally, the Act will allow, in special circumstances, the waiver and refund of fees.

  1. Equal Opportunity Act 2010 – Contract workers

The amendments here are for the purpose of making it clear that certain protections in the Act extend to contract workers. The amendments afford contract workers protection from discrimination on the basis of employment activity, such as making a reasonable request for information regarding employee entitlements and includes the requirement for principals to make reasonable adjustments in the workplace for contractors with a disability.

  1. Inquiries Act 2014 – Labour hire workers

The amendments will extend the protections that directly-engaged employees have, to labour hire workers, so that they have the same protections against detrimental action. Detrimental action is defined as including:

  • Action causing injury, loss or damage
  • Intimidation or harassment, or
  • Discrimination, disadvantage or adverse treatment in relation to a person’s employment, career, profession, trade or business, including the taking of disciplinary action.
  1. Child Employment Act 2003

The amendments provide for the powers to be transferred from the Secretary of the Department of State Development, Business and Innovation to the Wage Inspectorate Victoria. These powers are in relation to child employment permits, record-keeping, worker screening, exemptions, publication of a mandatory code, child employment officers and enforcement.

  1. Owner Drivers and Forestry Contractors Act 2005

The Act will clarify that non-compliance with requirements around information to drivers are an offence and will attract penalties.

If you have any questions around the above, please get in touch with us via  admin@constructivelegalsolutions.com.au or 1300 632 247 or via our Contact Us page.

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