Overview

This bill makes minor amendments to the Trade Union and Labour Relations (Consolidation) Act 1992. It aims to clarify the circumstances under which minor errors in ballots or notices related to industrial action will not invalidate the action.

Description

The bill amends section 232B of the 1992 Act, which deals with "small accidental failures" in industrial action ballots and notices. The amendments extend the circumstances where such minor errors are disregarded. Specifically:

• Expansion to Notices: The amendment includes notices, not just ballots, in the definition of documents where minor errors are acceptable.
• Revised Substantial Compliance Criteria: The bill replaces the previous criteria for acceptable failures with a new test of "substantial compliance." This means that if there was largely correct adherence to the relevant provisions, and the errors were unlikely to significantly impact the ballot's outcome or the recipients' understanding of the notice, the industrial action is still protected.
• Burden of Proof: The bill shifts the burden of proof. Now, any failure to comply with the relevant provisions will be deemed to meet the criteria for acceptable errors, unless the opposing party can prove otherwise.
• Covered Provisions: The amendment clearly defines which sections of the 1992 Act are covered by this provision (sections 226 to 232A and 234A).

Government Spending

The bill is not expected to have a significant impact on government spending. The changes are procedural and related to legal interpretation, not to direct funding or resource allocation.

Groups Affected

The main groups affected are:

• Trade Unions: The bill could benefit trade unions by making it easier to legally pursue industrial action, as minor procedural errors are less likely to invalidate the process.
• Employers: Employers might face more industrial action if minor errors in union ballots or notices are overlooked.
• Employees: Employees participating in industrial action will be impacted by the outcome of the amendments, depending on whether the actions are deemed lawful.

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