A “no net detriment” test to apply in

On Tuesday 22 May, the Full Bench of the NSW Industrial Relations Commission (IRC) mandated a new “no net detriment” test to apply to all WorkChoices employment agreements with workers under the age of 18.

NSW employers who are constitutional corporations will need to provide a child with employment conditions which do not, on balance, result in a net detriment when compared against what is provided under comparable NSW awards and legislation. This will affect all agreements entered into since WorkChoices began as of 26 March 2006.

This latest IRC move should be seen as a further step in the NSW Government’s strategy of undermining WorkChoices and imposing further regulation by entrenching dual State and Federal obligations for employers.

Taking the view that young workers required special protection from potential “exploitation”, the IRC decided that an industrial court is to have regard to the following matters in determining “net detriment” to workers under 18:

• hours of work including daily maximum and minimum hours.
• spread of hours of work.
• minimum breaks between shifts and split shifts.
• overtime.
• meal, crib and rest breaks.
• notification of whether employment is full-time, part-time or casual.
• the right to elect the superannuation fund that benefits will be paid into.

However, it does not end there for employers. To read about further matters that need to be considered, conditions that cannot be excluded from agreements, how “net detriment” is to be judged and to whom the principles will apply go to the Members Section.