Abstract

http://ssrn.com/abstract=858227
 
 

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What's Going on with the 'No Disadvantage Test'? An Analysis of Outcomes and Processes under the Workplace Relations Act 1996 (CWLTH)


Richard Mitchell


Monash University - Department of Business Law & Taxation

Rebecca Campbell


University of Melbourne - Melbourne Law School

Andrew Barnes


University of Melbourne - Melbourne Law School

Emma Bicknell


University of Melbourne - Melbourne Law School

Kate Creighton


University of Melbourne - Melbourne Law School

Joel Fetter


Minter Ellison; University of Melbourne - Melbourne Law School

Samantha Korman


University of Melbourne - Melbourne Law School


Journal of Industrial Relations, Vol. 47, No. 4, pp. 393-423, December 2005

Abstract:     
This article examines the operation of the 'no disadvantage test' (NDT) as it applies to the approval or certification of certain forms of agreements under the Workplace Relations Act 1996 (Cwlth). The purpose is to make an assessment of the effectiveness of the test in meeting the supposed statutory intention that workers would not be made worse-off as a result of entering into agreements which derogated from award and other legally prescribed conditions of employment. The article reports on research which applied the NDT in detail to 36 agreements, and, more partially, to a further 48 agreements. The general conclusion arrived at, though heavily qualified, was that in certain defined respects, the NDT, as presently constructed and applied, is failing adequately to protect employees from a deterioration in their terms and conditions of employment.

Number of Pages in PDF File: 31

Accepted Paper Series


Date posted: December 31, 2005  

Suggested Citation

Mitchell, Richard and Campbell, Rebecca and Barnes, Andrew and Bicknell, Emma and Creighton, Kate and Fetter, Joel and Korman, Samantha, What's Going on with the 'No Disadvantage Test'? An Analysis of Outcomes and Processes under the Workplace Relations Act 1996 (CWLTH) . Journal of Industrial Relations, Vol. 47, No. 4, pp. 393-423, December 2005. Available at SSRN: http://ssrn.com/abstract=858227 or http://dx.doi.org/10.1111/j.1472-9296.2005.00182.x

Contact Information

Richard James Mitchell (Contact Author)
Monash University - Department of Business Law & Taxation ( email )
Caulfield Campus
Sir John Monash Drive
Caulfield East, Victoria 3084
Australia
Rebecca Campbell
University of Melbourne - Melbourne Law School
Victoria, 3010
Australia
Andrew Barnes
University of Melbourne - Melbourne Law School ( email )
Victoria, 3010
Australia
Emma Bicknell
University of Melbourne - Melbourne Law School
Victoria, 3010
Australia
Kate Creighton
University of Melbourne - Melbourne Law School
Victoria, 3010
Australia
Joel Fetter
Minter Ellison ( email )
P.O. Box 3798
Auckland DX CP24061
New Zealand
University of Melbourne - Melbourne Law School
Victoria, 3010
Australia
Samantha Korman
University of Melbourne - Melbourne Law School
Victoria, 3010
Australia
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