Australian Industrial Relations Commission (AIRC)
Established by Part II of the Workplace Relations Act 1996 its general functions are established by s. 89 and include to prevent and settle industrial disputes by conciliation and, as a last resort, by arbitration.
Industrial Awards
In making and changing industrial awards, the Commission is required to take into account the public interest, the Sex Discrimination Act 1984 and the principles in ILO Workers with Family Responsibilities Convention, 1981 (No. 156), in particular those relating to preventing discrimination against workers who have family responsibilities or helping workers to reconcile their employment and family responsibilities. The Commission must also ensure that awards act as a safety net of fair minimum wages and conditions of employment. The Commission must have regard to the need to apply the principle of equal remuneration for work of equal value without discrimination based on sex and the need to prevent and eliminate discrimination because of, or for reasons including, sex, marital status, family responsibilities and pregnancy (see s. 88A(b) and ss. 88B(3)(d),(e), and 143(1C)(f).). Note that under s.143(1D)(b), a decision of the Commission will not be discriminatory if it is based on an inherent requirement of the job. (See also ss.90, 93 and 93A).
Under s.46PW of the Human Rights and Equal Opportunity Act 1986, a complaint may be lodged with HREOC alleging that a person has done a discriminatory act under and award or an agreement. The President of the Commission is notified and must refer the award or the agreement to the Australian Industrial Relations Commission if it appears to the President that the act complained of is discriminatory.
Industrial Disputes
Under section 89A of the Act, the scope of industrial disputes which can be dealt with by the Commission is limited to certain matters which include, significantly for women, classifications of employees and skill-based career paths; carers leave, and family, parental, maternity and adoption leave; casual and regular part-time employment and pay and conditions for out-workers. For the purposes of s.89A, "outworker" means an employee who, for the purposes of the business of the employer, performs work at private residential premises or at other premises that are not business or commercial premises of the employer - see s.89A(9). The Commission also has the power to include a model anti-discrimination clause in an award. A model anti-discrimination clause was established by the Commission in 1995.
Termination of Employment
Under Division 3 of Part VIA of the Workplace Relations Act 1996, the AIRC conciliates, in the Federal sphere (which includes most employees working under Federal awards), disputes on termination or proposed termination of employment. In considering termination cases, the basic principle to be applied is a "fair go all round" to both employer and employee. The Commission must attempt to settle the matter by conciliation, and if this fails, deal with the matter by arbitration to determine if the termination is, or would be, harsh, unjust or unreasonable. (See the Workplace Relations Act 1996, ss.170CA - 170CFA AND 170CK(2)(f)&(h).). The issues relevant to whether a termination is harsh, unjust or unreasonable are set out in s.170CG(3).
Note that there are a number of reasons for which it is unlawful to terminate employment including sex, marital status, family responsibilities, pregnancy and absence due to maternity or parental leave, except if the reason is based on the inherent requirements of the particular position or to avoid injury to the religious susceptibilities of adherents of a particular religion or creed (s.170CK(3) and (4) ). If the conciliation by the AIRC is unsuccessful in relation to one of these reasons, the complainant can elect to have the matter dealt with in the Federal Court (see the Workplace Relations Act 1996, ss.170CFA(4), 170CK(2) (f)&(h) and 170CK(3).).
The Commission can also make orders under the equal remuneration provisions of the Workplace Relations Act 1996.