This is just a brief overview for those of you who want to get a basic understanding of the changes to the Industrial Relations system being introduced by the Rudd Government.
Firstly, since 27 March, 2008 no new Workplace Agreements can be made.
The Federal Government will introduce legislation later this year to implement changes to the Industrial Relations system, and has set a commencement date of 1 January 2010.
The main changes will be:
- Replacement of the Australian Industrial Relations Commission and Workplace Authority with an ‘umbrella’ organisation to be called Fair Work Australia. This will have implications for the lodgment and administration of agreements, regulation of awards and procedures for settling disputes (eg over dismissal).
- Replacement of the Australian Fair Pay and Conditions Standard (AFPCS) with a broader set of National Employment Standards (NES). These currently exist in draft form.
- Awards will be modernised and simplified . The Australian Industrial Relations Commission is expected to produce a series of model award clauses between now and 2010.
- Changes will be made to the coverage and procedures relating to dismissal. A Fair Dismissal Code will be developed, to be used as a model for appropriate dismissal procedures.
- There will be further changes to the types of employment agreements available. The ‘transition’ legislation has implemented some temporary and transitional arrangements that will last until 31 December 2009, and also implemented the ‘no-disadvantage’ test that has replaced the Fairness Test that existed in the latter days of WorkChoices.
- Provisions relating to right of entry and industrial disputes will change.
Information sourced from Workplace Information and Workplace Authority.
For more comprehensive information contact your industry association.
