Industrial News: May 2009
Transitional rules to introduce new workplace laws
The Australian Government’s major changes to industrial relations laws set out in the Fair Work Bill 2008 passed through Parliament at the end of March 2009. The Fair Work Act was signed into law by the Governor General last month, almost three years after the commencement of the WorkChoices laws.
As with any major piece of new law a range of transitional and consequential changes will be required to allow a structured and progressive phasing out of the old laws and introduction of the new laws. Accordingly, the Australian government has introduced the Fair Work (Transitional Provisions and Consequential Amendments) Bill 2009 (T&C Bill). The Bill will be considered by a Senate Employment Workplace Relations Committee and is intended to take effect from the end of this month.
The transitional and consequential arrangements deal with a number of matters in moving to the new system including:
- abolition of the Australian Industrial Relations Commission on 31 December 2009;
- abolition of the Workplace Ombudsman and replace it with the Fair Work Ombudsman from 1 July 2009;
- abolition of the Workplace Authority from 31 December 2010; and
- abolition of the Australian Fair Pay Commission from 31 July 2009 (with the last pay increase to take effect on 1 October 2009).
In addition the T&C Bill will manage the transition on previous awards and agreements to the new arrangement. For example, when Fair Work Australia creates a modern award for all of the employees who are covered by an existing award, it must revoke the existing award. If it makes a modern award for only some of the employees covered by the existing award it must vary the old award so that it no longer applies to those covered by the new modern award.
Agreements where negotiations have commenced but will not be completed by 1 July, will require industrial parties to ensure they are meeting the requirements of the new Fair Act bargaining regime. However, up until 30 June 2009, the parties can continue to make workplace agreements under the terms of the Workplace Relations Act.
It is clear the next 12 to 18 months will be a period of uncertainty and complexity as the new agencies and rules take affect. Employers, unions and employees will need to be aware of these changes to ensure rights, obligations and protections are not compromised. ANF delegates should also ensure regular communication with ANF branch officers to protect the interests of nurses.
Nick Blake
ANF Senior Federal Industrial Officer