Workplace relations – changes on the way
With the Howard government taking control of the Senate in July 2005, changes to workplace relations laws seem inevitable. The government has already signalled its intention to reintroduce the raft of workplace legislation it had failed to introduce over the past eight years. It is anticipated these changes will tip the balance of power heavily in favour of businesses and employers.
Changes to small business
- The government proposes to exempt small business (fewer than 20 employees) from the operation of the unfair dismissal laws via the Workplace Relations Amendment (Fair Dismissal) Bill.
- The Workplace Relations Amendment (Protecting Small Business Employment) Bill will exempt small business from redundancy obligations.
- The Workplace Relations Amendment (Choice in Award Coverage) Bill 2004 will provide small business with new avenues for resisting award roping-in applications.
Changes to agreement making in favour of individual bargaining and independent contractor arrangements.
- Reforms include extending and streamlining the use of Australian Workplace Agreements (AWAs), and extending the operation of Enterprise Bargaining Agreements (EBAs) from three to five years via the Workplace Relations Amendment (Simplified Agreement Making) Bill 2002.
- Introduction of an Independent Contractors Act, which will protect and promote the status of independent contracts. It aims to restrain unions from seeking orders from the Australian Industrial Relations Commission (AIRC) that limit the use of contractors.
- The Workplace Relations Amendment (Better Bargaining) Bill aims to enhance the AIRC’s power to terminate bargaining periods and introduce “cooling-off” periods.
Building industry reforms
The government will be looking to implement the Building and Construction Industry Improvement Bill 2003. This includes the establishment of the Australian Building and Construction Commission, placing limits on pattern bargaining and strike action and substantial constraints on union organising rights and activities in the industry.
Overriding of state industrial relations systems
The government is likely to implement even more far-reaching changes such as a comprehensive national system of industrial regulation overriding the state systems. While many of the government’s previously introduced Bills seek to achieve this in specific areas, the possibility now exists for a more comprehensive coverage of federal laws, using the corporations power in the Constitution as the mechanism to achieve this result.
More information
From the LIV Bookshop
The Workplace Relations Handbook, Colvin, Watson & Burns, $115
Useful web links
Department of Foreign Affairs and Trade, www.dfat.gov.au/facts/workplace_relations.html.
Industrial Relations Victoria, www.irv.vic.gov.au.
Human Resources Magazine, www.humanresourcesmagazine.com.au, - type 'workplace relations reform' into the search field.
Disclaimer:
The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from Brendan Kelly of our office. | 
