Industrial News: April 2009

Fair Work Bill debated

In March 2009 the federal parliament began a debate on the Labor Government’s proposed changes to industrial relations laws. The Fair Work Bill changes seek to remove many of the previous government’s WorkChoices laws. The Bill proposes substantial changes to the present laws governing minimum employment entitlements, collective bargaining, transmission of business, unfair dismissals and also establishes the new workplace umpire, Fair Work Australia.

The Fair Work Bill, along with a range of other consequential changes to current laws, are scheduled to take effect in January 2010, and should it become law, will fundamentally change the industrial relations arrangements for most working people. The major changes include:

• 10 national employment standards which will apply to all employees in the national system on 1 January 2010 regardless of other workplace arrangements that may be in place. For more information visit www.anf.org.au
• All eligible full time, part time and casual employees will be entitled to 12 months unpaid parental leave.
• Modern awards will replace all federal and state awards in respect of national system employees. Modern awards will not apply during the time an enterprise agreement applies to the employee.
• There will be two types of agreement; a single enterprise agreement and a multi enterprise agreement.
• There will be no distinction between union and non-union agreements; however, a union may elect to be covered by an agreement.
• A scope of agreement content will be much broader than under WorkChoices.
• All agreements must pass the “better off” overall test by reference to the new modern awards.
• Employers will be required to collectively bargain in good faith with employees and with unions who have the right to represent employees.
• An employer may be prosecuted for failure to comply with a “good faith bargaining order” and in some cases this may lead to the industrial tribunal making a workplace determination.
• All national system employees who have completed an applicable qualifying period will be entitled to seek relief in relation to unfair dismissal.
• The qualifying period for employees of small businesses with less than 15 employees is 12 months while the period for large businesses is six months.
• In determining whether en employee has been unfairly dismissed the ‘fair go test’ will continue to apply with reinstatement being the preferred remedy.

The ANF will be using its resources to hold the government to the pre-election promise to deliver long awaited changes to our industrial laws

Nick Blake
ANF Senior Federal Industrial Officer