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

See all articles by Joo-Cheong Tham

Joo-Cheong Tham

University of Melbourne

Anna Chapman

University of Melbourne - Law School; University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Abstract

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.

Suggested Citation

Tham, Joo-Cheong and Chapman, Anna, The Legal Regulation of Information in Australian Labor Markets: Information that is Required to Be Disclosed by Employers to Employees and Trade Unions. Comparative Labor Law & Policy Journal, Vol. 22, No. 4, Summer 2001. Available at SSRN: https://ssrn.com/abstract=418040

Joo-Cheong Tham (Contact Author)

University of Melbourne ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

Anna Chapman

University of Melbourne - Law School ( email )

Centre for Employment and Labour Relations Law
Parkville, Victoria 3010
Australia
61 3 8344 5625 (Phone)
61 3 9349 4623 (Fax)

University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Boalt Hall
Berkeley, CA 94720-7200
United States

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