Workplace legislation: 2008-9 Update

On 25 November the Minister for Employment and Workplace Relations, Julia Gillard, introduced the Fair Work Bill to replace the WorkChoices legislation which has operated since March 2006.  The Bill proposes changes including award modernisation, revised unfair dismissal laws and establishment of Fair Work Australia as a 'one-stop shop' for workplace matters. 

It is intended that much of the legislation will come into force on 1 July 2009.  The legislation covers corporations recognised under Federal law, as well as workplaces in Victoria (where industrial relations powers were referred to the Commonwealth in the mid-1990s). 

It should be noted, however, that any continuing workplace disputes or those which may arise before the new legislation comes into force in 2009 will apply the law as it stood when the circumstances of any dispute arose.  The relevant legislation, the dates from which it applied and key points are as follows:

• Workplace Relations Act 1996, as amended

Introduced by Howard Coalition Government, with major changes to industrial relations laws.

• Workplace Relations Amendment (WorkChoices) Act 2005

Key point of this legislation was emphasis on individual contracts, strengthening role of Australian Workplace Agreements (AWAs), including provision that they could be made a condition of employment and wider scope for employees to 'cash out' leave entitlements.  Took effect from end March 2006 and applied until end March 2008.

• Workplace Relations Amendment (A Stronger Safety Net) Act 2007

Introduced Fairness Test to protect all workers who would have been entitled to protected award conditions, such as penalty rates and other loadings, and earning less than $75,000 per year.  If a workplace agreement has removed or modified relevant award conditions, then an employee will be required to receive fair compensation for their removal.

• Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008

First item of industrial relations legislation introduced by Rudd Government, following 2007 election.  Abolished AWAs with effect from end March 2008 and introduced ten National Employment Standards, including a range of leave entitlements, termination and redundancy payments, flexible working arrangements.

• Fair Work Bill – once enacted will completely replace the Workplace Relations Act

Further information is at www.workplace.gov.au/workplace/Publications/News, clicking on 'Australia's New Workplace Relations System'