WorkChoices (The Workplace Relations Amendment) legislation come into effect in Australia on 27th March 2006.
"WorkChoices" is the collective name of a series of amendments to Australian labour law made by the Howard Government in 2005.The amendments were introduced into the House of Representatives on 2 November 2005 and were accepted by the Senate on 2 December 2005. The changes came into effect on 27th March 2006.
The changes include:
>>the formation of a single national industrial system to replace the separate state and federal systems for constitutional corporations;
>>the establishment of a body to be known as the Australian Fair Pay Commission to replace National Wage Cases at the Australian Industrial Relations Commission (AIRC);
>>the streamlining of Certified Agreement and Australian Workplace Agreement making, including increasing the maximum agreement life from three years to five years;
>>a reduction in allowable award matters;
>>the creation of legislation for five minimum workplace conditions;
>>the exemption of companies with fewer than 101 employees from unfair dismissal laws;
>>the exemption of all companies from unfair dismissal laws where a dismissal is for a bona fide operational reason;
>>increased restrictions on allowable industrial action;
mandating secret ballots for industrial action;
>>discouraging pattern bargaining and industry-wide industrial action.
On October 9, 2005 the Howard Government launched its "WorkChoices" guide and announced that some further changes and concessions had been made to the package, the concessions widely credited as being the result of union lobbying. The Opposition Australian Labor Party described it as "sugar-coating a poison pill"; the Australian Council of Trade Unions described it as merely a "re-presentation" of the old package.
Work Choices) Bill 2005 (Cth) was introduced into the Australian House of Representatives on November 2, 2005 by the Minister for Employment and Workplace Relations, Kevin Andrews.
The Bill passed through the House of Representatives on 10 November and was introduced into the Senate later that day by Special Minister of State, Senator Eric Abetz. The Bill was passed, with amendments, by the Senate, by a vote of 35-33 on 2 December 2005.The Bill received the Royal Assent on 14 December and the parts concerning the Australian Fair Pay Commission, wages for school based trainees and apprentices, and redundancy pay for small employers became enacted immediately from that date. The Minister for Employment and Workplace Relations released the first set of regulations for the bill on 17 March 2006 and following that the complete act - titled in full as the Workplace Relations Act 1996, Act No. 86 of 1988 as amended - was proclaimed by Australia's Governor-General Michael Jeffery. The act commenced on 27 March 2006.
The Australia's Prime Minister, John Howard believed this with this bill, more jobs will be generated in the small business sector as a result of the removal of the absurd job-destroying unfair dismissal laws, and the greater flexibility for people to make workplace agreements at the enterprise level will lift productivity.
In response to the Howard Government's WorkChoices package, the Australian Council of Trade Unions, the peak association for Australian trade unions, launched its "Your Rights at Work" campaign opposing the changes.The week of action culminated on Friday 1 July 2005 with a "SkyChannel" meeting of union delegates and members organised by Unions NSW.On 15 November 2005, the ACTU organised a national day of protest, during which the ACTU estimated 546,000 people took part in marches and protests in Australia's state capitals and other cities.
The legislation is the most comprehensive change to industrial relations in Australia for almost a century and is a matter of controversy. Although the new laws are supported by employer groups such as the Business Council of Australia and the Australian Chamber of Commerce and Industry, they are bitterly opposed by the Australian labour movement principally through the Australian Labor Party and the Australian Council of Trade Unions as well as various church groups.
WorkChoices has been assessed periodically giving the room and options for further reforms. Recent Amendment proposals as of October of this year includes:
>>protect employee redundancy pay entitlements;
>>address the potential for increased costs associated with annual leave accrual and personal/carer’s leave payment under the Australian Fair Pay and Conditions Standard;
>>provide a default right for an employer to stand down employees where work is unavailable due to factors outside the employer’s control;
>>enable employees to cash out personal/carers leave;
>>address concerns about the burden associated with new record keeping requirements.☺
2006-11-22 07:23:25
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