Aplan by the Government to exempt youth wages from anti-discrimination law appears doomed even before the legislation is introduced in Parliament. Independent Senator Brian Harradine and the Democrats feel that the Government’s action is a breach of a deal struck in 1996 to have this subjected to an inquiry by the Industrial Relations Commission which is not expected to be finalised until next June. The exemption for youth wages from the anti-discrimination law runs out a year later, in June 2000.
The Government’s ultimate position on youth wages may have a great deal of merit, but the way it is going about it seems unnecessarily provocative. The present regime of youth wages is set to continue for the next 20 months anyway. That regime allows various awards which set pay rates according to a person’s age, which would be an illegal discrimination on the ground of age unless there were an exemption. The Government wants the exemption to continue indefinitely beyond the present June, 2000, cut-off.
The Government makes a very pertinent argument in saying that if employers are forced to pay adult wages for all workers, they will simply not employ as many young workers. However, there would have been no harm in awaiting the commission’s inquiry. Even if the inquiry did not side with the Government it still could have gone ahead with legislation afterwards and been in no worse position.
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