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Workplace Relations Amendment (Emergency Services) Bill 2002
Schedule 1— Amendments to the Workplace Relations Act 1996

 

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:

298ZA  Object

                   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.

298ZB  Application

 

                   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.

298ZC Victimisation

             (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.

298ZD Applications to the Court

             (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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