TY - JOUR
T1 - What's going on with the 'No disadvantage test'? An analysis of outcomes and processes under the Workplace Relations Act 1996 (Cwlth)
AU - Mitchell, Richard
AU - Campbell, Rebecca
AU - Barnes, Andrew
AU - Bicknell, Emma
AU - Creighton, Kate
AU - Fetter, Joel
AU - Korman, Samantha
PY - 2005
Y1 - 2005
N2 - 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. © 2005, Sage Publications. All rights reserved.
AB - 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. © 2005, Sage Publications. All rights reserved.
UR - http://www.scopus.com/inward/record.url?scp=84992806436&partnerID=8YFLogxK
U2 - 10.1111/j.1472-9296.2005.00182.x
DO - 10.1111/j.1472-9296.2005.00182.x
M3 - Article
SN - 0022-1856
VL - 47
SP - 393
EP - 423
JO - Journal of Industrial Relations
JF - Journal of Industrial Relations
IS - 4
ER -