Workplace Relations Update December 2007

What to expect: Labor’s IR Policy

1. A transitional bill, dealing primarily with AWAs, will be introduced into Parliament, most likely in February 2008.
2.  It will no longer be possible to make AWAs, although AWAs made prior to the commencement date of the transitional bill (early 2008) will apply for their full term.
3. During the 2 year transitional period it will be possible for employers to enter into individual transitional employment agreements (ITEA’s) which will be similar to AWA’s. 
4. ITEA’s will be able to be made between an employer who has any employee engaged on an AWA as at 1st December 2007 and a new employee (or an existing employee who’s terms and conditions are governed by an AWA).
5. Collective agreements will be at the forefront.  If a majority of employees at a workplace want to bargain collectively, their employer will be required to bargain collectively with them in good faith.
   
6. The number of compulsory minimum standards will be increased from five to 10, with the addition of flexible work for parents, community service leave, public holidays, provision of information in the workplace, termination of employment and redundancy and long service leave.
7. A further 10 minimum employment standards will be included in Awards, which can be subject to collective bargaining. 
8. The unfair dismissal jurisdiction will be significantly expanded.  Whether an employee can bring an unfair dismissal claim will depend upon three circumstances:
1. An employee who is employed by an employer who employs 15 or more employees must have must have been employed for six months; 
2.  An employee who is employed by an employer who employs fewer than 15 employees must have been employed for 12 months 
3. If an employee is not covered by an Award, the employee must be earning annual remuneration of less than $101,300 (indexed).
4. Although the reforms will benefit employees, a number of “pro business” reforms made by work choices should remain.

Most of the reforms will not come into effect until January 2010.

November Update 2007