What it does
The Industrial Relations Act 1984 (Tas) (the Act) establishes a comprehensive statutory framework for the regulation of employer-employee relations within Tasmania. At its core, the Act constitutes the Tasmanian Industrial Commission (the Commission) under s.5 as an independent tribunal with jurisdiction over "industrial matters" (as defined in s.3(1)). This jurisdiction, per s.19(1), extends to hearing and determining any matter arising from or relating to industrial relations, including the making, variation, or rescission of awards (s.19(2)(a)), the approval of industrial agreements (s.19(2)(ca)), the conduct of dispute hearings (s.29), and appeals (Part VI).
The Act's primary mechanism for setting terms and conditions is the award system. Part III empowers the Commission to make awards under ss.32-36 that bind employers and employees in specified industries or enterprises (ss.33, 34, 38). Awards may address any "industrial matter" (s.32(1)), subject to public interest considerations (s.36) and consistency with minimum standards in Division 2A (ss.47AA-47AJ). These minima include the Tasmanian minimum wage (s.47AB, determined annually under s.35(10A)), maximum ordinary hours of 38 per week (s.47AC), unpaid meal breaks (s.47AD), four weeks' annual leave (s.47AE), 10 days' personal leave (s.47AF), unpaid parental leave per Schedule 2 (s.47AG), and redundancy pay (s.47AH). Awards prevail over contracts of service to the extent of any inconsistency (s.85(1)-(2)), though more favourable contractual terms are preserved (s.85(3)).
The Act facilitates collective bargaining through industrial agreements (Part IV, s.55) and enterprise agreements (Part IVA, inserted by the Industrial Relations Amendment Act 1992). Enterprise agreements under s.61B must meet minimum conditions (s.61F), be approved by the Commission after a hearing (ss.61I-61J), and be registered (s.61L). They prevail over awards (s.61M(2)) but cannot disadvantage employees relative to applicable awards (s.61J(1A)-(1C), inserted 2005). Registration of organisations (unions and employer associations) under Part V (ss.62-65) grants them rights to appear before the Commission (s.65), intervene (s.27(2)), and enter premises (s.77).