Transforming Employment Dispute Resolution

Transcription

1 Transforming Employment Dispute Resolution A South Australian Government policy statement Attorney-General s Department

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3 A message from the Minister There is a need to continue with the strong reforms already underway in South Australia to simplify dispute resolution systems. The South Australian Civil and Administrative Tribunal (SACAT) opened for business on 30 March This is an important step in ensuring administrative disputes are resolved quickly, with a minimum of pomp, ceremony and bureaucratic red-tape. The Government has also established the South Australian Employment Tribunal (the SAET), which will open on 1 July The SAET is an important part of the new Return to Work scheme, also commencing on that day. Whilst the Government originally established the SAET to deal with workers compensation disputes under the Return to Work scheme, it was also designed to manage other employment-related disputes. The collective skills and experience of Tribunal members and administrative staff can be utilised in order to achieve timely and effective resolution of other disputes - a one stop shop for employment-related disputation, whether individual or collective. With this in mind, the Government now plans to confer additional jurisdiction on the SAET as a key step in this reform process, ensuring that South Australia has a contemporary approach to resolving a range of employment-related disputes. This policy statement outlines the Government s strategy to make greater use of the SAET and start the process of adding additional streams to the new Tribunal. The Hon John Rau MP Deputy Premier Minister for Industrial Relations April 2015 Transforming Employment Dispute Resolution: A South Australian Government policy statement 1

4 Our plan To build a world class tribunal to resolve employment related disputes in South Australia Why are we doing this? The current model of separate courts, commission and tribunals was designed to operate in a different environment of employment-related dispute resolution in South Australia. The jurisdiction includes: the Industrial Relations Court; the Industrial Relations Commission; and the Dust Diseases jurisdiction. The Workers Compensation Tribunal is part of the existing structure but will be abolished, with the newly established South Australian Employment Tribunal to hear workers compensation disputes arising after 1 July Today s community expects its Government to respond to the changing marketplace and deliver streamlined, consistent and user-friendly systems and processes to swiftly and fairly deal with their issues. What have we done so far? The Government established the South Australian Civil and Administrative Tribunal (the SACAT) in The SACAT commenced hearing disputes from 30 March The SACAT brings together a number of administrative tribunals to deliver consistent services and processes for South Australia without losing the concept of specialist streams of activities. The South Australian Employment Tribunal Act 2014 was passed by Parliament on 30 October 2014 to establish a similar tribunal for employment-related matters. The SAET commences operations on 1 July 2015 with its first stream work injury disputes. The major reforms of the national industrial relations system in 2006 and 2010 have meant that most industrial matters previously dealt with by the State Court and Commission, have transferred to the Commonwealth (namely, jurisdiction over private sector employment). Much of the structure currently in place was designed prior to these reforms. Employers, employees, and their representatives may find themselves dealing with up to five different statutory bodies when managing employment-related matters in the course of their business operations (e.g. unfair dismissals, enterprise agreements, work injury disputes, etc.). Each body is established separately and has, over time, developed systems and processes that suit the issues specific to their jurisdictions. Whilst this may be effective for the specific jurisdiction, it means inconsistencies, duplication and the potential for confusion and complexity for users across jurisdictions. The structures in place today need to be updated in light of the changed environment in South Australia and need to provide the most efficient manner of resolution for these disputes. Transforming Employment Dispute Resolution: A South Australian Government policy statement 2

5 What is the way forward? The State Government is committed to building a world class system for resolving employment-related disputes. This requires reform at many levels which can be difficult to manage. It is reform that is necessary. South Australia cannot afford dispute resolution systems that do not deliver the best in terms of ease of access, service and fairness and the best in terms of cost effectiveness without compromise to justice. The challenge for the Government is to build on the reforms already started with the SACAT and the SAET, ensuring relevant functions are transferred to the appropriate central tribunal while minimising disruption for users and ensuring service, consistency and cost improvement across the system. Through the expansion of the SAET to include further employment-related streams, the SAET will deliver improved and consistent dispute resolution in a cost effective manner. The current model of separate jurisdictions with unnecessary complications in funding, appointment and general administration as well as limited or no ability to join matters, costs both parties and the State in time, productivity and resources. South Australia s investment in dispute resolution can be better directed towards complementary procedures across jurisdictions, improving skills and experience across jurisdictions, implementing consistent and streamlined application processes and improving access to services, including applying inquisitorial approaches where sensible and fair for all parties. Transforming Employment Dispute Resolution: A South Australian Government policy statement 3

6 A South Australian Employment Tribunal for the future The SAET is underpinned by the following principles: Best practice principles of decision-making including independence, natural justice, procedural fairness, high-quality and consistent decision-making, transparency and accountability. Accessibility by way of a central registry for all employment matters. The swift and fair resolution of applications for review, including compulsory conciliation. Cost effectiveness for the parties. Straight-forward language and procedures. Minimal formality and procedures, where appropriate. Flexibility in the conduct of its business. What is the next stage of the reform? The next steps for the SAET include: Incorporating additional employment-related streams, beyond that of work injury disputes. Implementing a centralised and streamlined application process, similar to that already implemented for the SACAT. Addressing complexities of funding, administration, technology, etc. Amendments to the Fair Work Act The Government will be commencing the process of rolling the functions of the following jurisdictions into the SAET: the Industrial Relations Court; the Industrial Relations Commission; and the Dust Diseases jurisdiction. These jurisdictions, dealing with employment and industrial matters, consolidated within the SAET, will support the delivery of consistent and efficient resolution of employment-related disputes for workers and employers. The current arrangements of Work, Health and Safety prosecutions will continue to be carried out by Magistrates. The Minister for Industrial Relations wants your views about ways to ensure the seamless transition of these jurisdictions into the SAET. Further to this, the Government is now considering the transfer of employment-related jurisdictions to the SAET which were originally planned to move to the SACAT, including: the Health Practitioners Tribunal; the Teachers Appeal Board; and employment-related functions of the Equal Opportunity Tribunal. These jurisdictions (Health Practitioners, Teachers Appeal and Equal Opportunity) will be considered individually to establish where each tribunal best fits into SACAT or into SAET. Other considerations include: Should District Court Judges already in the SAET assist in other District Court matters? Should District Court Judges already in the SAET deal with Common Law matters under the new Return to Work Scheme? Should industrial offences remain distinguished from other criminal offences? Should other Magistrate Court matters (Criminal, Principal/Contractor monetary disputes, small claims etc.) be dealt with by Magistrates appointed to the SAET? The Minister for Industrial Relations will be engaging with interested parties in order to inform the Government s decision as to the most suitable tribunal for hearing these matters. When will this reform commence? Work will soon be commencing on the addition of further jurisdiction to the SAET. The timing of the implementation of these reforms will be dependent on the proposed legislative amendments being passed through Parliament but it is hoped that the additional jurisdictions will be operating in the SAET from 1 July What are the benefits of the proposed reform? In summary, implementation of the proposed reform is expected to: Improve accessibility for resolution of employment disputes. Deliver complementary and consistent treatment of disputes Bring matters to fast and consistent resolution. Reduce duplication of process and resource. By bringing related jurisdictions together into centralised tribunal structures, better services can be delivered at a better cost for South Australia. Transforming Employment Dispute Resolution: A South Australian Government policy statement 4

7 Appendix: What the SAET may look like MAGISTRATES COURT SAET WORK HEALTH SAFETY PROSECUTIONS RETURN TO WORK HEALTH PRACTITIONERS INDUSTRIAL DISPUTE EMPLOYMENT RELATED EQUAL OPPORTUNITY TEACHERS APPEAL BOARD APPRENTICE / TRAINEE DISPUTE DUST DISEASES KEY: Already in SAET To be conferred To be considered for conferral No changes Transforming Employment Dispute Resolution: A South Australian Government policy statement 5

8 Office of the Hon John Rau MP Deputy Premier Minister for Industrial Relations GPO Box 464 ADELAIDE SA 5001