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Legislation

There is a range of state and federal legislation relevant to Employee Relations within Catholic education in Victoria.

The Fair Work Act 2009  (Cth) and the Fair Work Regulations 2009 govern the employer/employee relationship in Australia.

They provide a safety net of minimum entitlements, including the National Employment Standards, modern awards and national minimum wage. The Act also governs protection from unfair dismissal and adverse action and establishes the Fair Work Commission and the Fair Work Ombudsman.

Ministerial Order No. 1359 has been implemented for the purpose of section 4.3.1(6)(d) and 5.10.4 of the Education and Training Reform Act 2006.

Ministerial Order No. 1359 sets the minimun requirement for compliance with the Child Safe Standards for school boarding premises.

The Inquiry's Betrayal of Trust report recommended that the implementation of minimum standards for maintaining 'child-safe environments' for all organisations with direct and regular contact with children be standardised in all registered Victorian schools.

​The Workplace Injury Rehabilitation and Compensation Act 2013 (Vic.) aims to reduce the incidence of accidents and diseases in the workplace and improve the health and safety of people at work.

The Act covers all matters relating to workers’ compensation including WorkCover insurance, premiums, rehabilitation and return to work, dispute resolution and the administration of the WorkCover scheme.

In Victoria, workplace health and safety is governed by a system of laws, regulations and compliance codes which set out the responsibilities of employers and workers to ensure that safety is maintained at work.

The Occupational Health and Safety Act 2004 (Vic.) sets out the key principles, duties and rights in relation to occupational health and safety.

The Working with Children Act 2005 (Vic.) established the framework of Working with Children Checks (WWCC) to screen the criminal records and the professional conduct of people who intend to work with or care for children.

People who are assessed as posing an unjustifiable risk to the safety of children will fail the WWCC and the Act prohibits these people from working with children.

​The Education and Training Reform Act 2006 (Vic.) sets up the legislative framework for education in Victoria. 

The Act established bodies such as the Victorian Institute of Teaching, the Victorian Curriculum and Assessment Authority and Victorian Registration and Qualifications Authority. The Act guarantees state funding for non-government schools.

​The Equal Opportunity Act 2010 (Vic.) makes discrimination, sexual harassment and victimisation unlawful in various areas of public life, such as employment, education, accommodation and the provision of goods and services.

The Act lists the personal characteristics upon which discrimination is unlawful, for example age, pregnancy, disability.

​The Racial and Religious Tolerance Act 2001 (Vic.) makes racial and religious vilification unlawful.

Racial and religious vilification is behaviour that incites or encourages hatred, serious contempt, revulsion or severe ridicule against another person or group of people because of their race or religion.

​There are several federal acts which aim to prevent people from certain kinds of discrimination in public life, including in the area of employment.

These Acts include:

Age Discrimination Act 2004 (Cth)
Australian Human Rights Commission Act 1986 (Cth)
Disability Discrimination Act 1992 (Cth)
Racial Discrimination Act 1975 (Cth)
Sex Discrimination Act 1984 (Cth)

​The Privacy Act 1988 (Cth) regulates how personal information is handled.

The Act includes thirteen Australian Privacy Principals (APPs) which outline how to handle, use and manage personal information. The APPs apply to government agencies, private sector and not-for-profit agencies with an annual turnover of more than $3 million, private health service providers and some small businesses.