|
|
|||
|
|
|||
|
WORKPLACE RELATIONS & SAFETY |
|||
|
|
|||
|
|
|||
|
Federal
Government announces Transitional IR Bills & Senate Committee delivers
Report on Fair Work Bill |
|||
|
3 March 2009 |
|||
|
|
|||
|
On 26 February 2009, Julia Gillard, Federal
Minister for Employment and Workplace Relations informed the Senate
Education, Employment and Workplace Relations Committee (Senate Committee)
of the Government’s intention to introduce two bills containing transitional
and consequential amendments to the Workplace Relations Act 1996 and Fair
Work Bill 2008 (which was introduced into the lower house on
25 November 2008 and passed to the Senate on
5 December 2008). The two bills are scheduled to be introduced into
parliament on 6 March 2009 and in the week beginning
25 May 2009 respectively. Minister Gillard advised that the main
content of the bills will be provisions: § to repeal the
current Workplace Relations Act 1996 (which will be replaced by the “Fair
Work Act” once the Fair Work Bill 2008 is proclaimed); § allowing Fair Work
Australia to make orders ensuring an employee’s take home pay is not reduced
as a result of the employee’s transition to a Modern Award; § abolishing the
Workplace Ombudsman (to be replaced by the Fair Work Ombudsman) and the
Australian Fair Pay Commission (to be replaced
by Fair Work Australia); § for the continued
operation of the Australian Industrial Relations Commission (AIRC), Workplace
Authority and Australian Industrial Registry for a limited period; § creating the Fair
Work Divisions in the Federal Court and Federal Magistrates Court; § applying the
National Employment Standards (NES) to all national system employees from
1 January 2010; § creating rules to
enable state-registered organisations to participate in the new Federal
industrial relations system; § giving power to
Fair Work Australia to determine union demarcation disputes; § relating to the
operation of existing awards and agreements in the new system; and § making
consequential amendments to over 70 other pieces of Federal legislation. The Senate Committee has recently handed down a 211
page report on the substantive Fair Work Bill 2008 (Report).
The main recommendations of the Senate Committee majority include: § that the period for
an employee to access a proposed agreement be extended from seven days
to 14 days; § that the time limit
for lodging an unfair dismissal claim be increased from seven days to 14
days; § that the Fair
Dismissal Code require employers to provide a written warning (taking into
consideration the needs of employees from a non-English speaking background); § that a probationary
period after a transfer of business should not be required; § that where
industrial action threatens harm, the harm should be imminent and harm to a
third party should be economic harm; and § that the Fair Work
Information Statement to be provided to employees should also include
information on individual flexibility agreements and unfair dismissal rights. In the Report, the Federal Coalition minority was most
critical of the transfer of business provisions (which argued it creates a
disincentive for an incoming employer to retain staff), and changes to the
right of entry provisions (which it believes permits increased access and
will likely lead to demarcation disputes). The Senate Committee majority recommended the Fair Work Bill 2008 be
passed without delay. Written by Aran Alexander, Associate. |
|||
|
|
|||
|
|
|||
|
If you have any questions, please contact one of our
partners named below. |
|||
|
|
|||
|
Bryan Belling |
Seamus Burke |
|
|
|
(02) 9334 8540 |
(02) 9334 8678 |
(02) 9334 8842 |
|
|
|
|||
|
If you do not wish to receive further e-Alerts from our
Workplace Relations & Safety Group, please reply ‘remove’ to this email. |
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
hwlebsworth.com.au |
||
