The Legal Regulation of Information in Australian Labor Markets: Information that is Required to Be Disclosed by Employers to Employees and Trade Unions
Posted: 17 Jul 2003
This article presents findings from a larger project examining the legal regulation of information in Australian labor markets. The project analyzes the legal rights and obligations of employers, employees, job applicants, trade unions, and others in relation to the collection, use and dissemination of information in the employment context. It surveys the Australian situation as part of an international study commissioned by the editors of the Comparative Labor Law and Policy Journal.
An earlier article produced as part of this project examined the Australian legal rules pertaining to the disclosure of information about employees and job applicants to employers and prospective employers. The types of scenarios canvassed included, for example, information from a job applicant's previous employer (eg, a work reference), information from the employee herself or himself (eg, that she is pregnant or has a disability), information from a government authority (eg, of a criminal record), information from a private investigation service, and information from a credit provider.
This second article examines the legal regulation of information that employers and prospective employers are required to disclose to their employees and relevant trade unions, either automatically or upon request. Australian law places obligations on employers to provide various types of information relating to, for example, agreement-making under industrial relations legislation, industrial action engaged in during the process of negotiating an agreement, termination of employment, occupational health and safety matters, discrimination, harassment and equal opportunity policies and programs, and miscellaneous matters including parental and adoption leave. The article surveys the raft of disparate statutory schemes and common law actions regulating these issues.
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