The Government has today introduced into Parliament its much anticipated Fair Work Bill 2008 (Bill).
The Bill proposes substantial reforms to our current industrial relations system. We are currently working through the detail of the Bill and Explanatory Memorandum, however, our preliminary view is that the new laws being introduced by the Bill are consistent with changes set out in the Government's policy statements.
The key proposals from the Bill are:
- the introduction of a new safety net of minimum employee entitlements through the National Employment Standard, modern awards and minimum wages;
- a new industrial framework for the administration of the new workplace relations system comprising Fair Work Australia, the Fair Work Ombudsman and Fair Work Divisions in the Federal Court and the Federal Magistrates Court;
- new rules for enterprise bargaining including the requirement for employers and employees to bargain in good faith;
- the introduction of workplace determinations in circumstances where industrial action is causing, or threatening to cause, significant economic harm to the parties; and
- the return of unfair dismissal laws to all employers including small business employers.
The Government also announced it will release a transitional and consequential Bill in early 2009 setting out how employers in the current workplace relations system will transition into the new system.
We will shortly provide a further update with a more in depth analysis on what these changes will mean for your business.
We will also be running breakfast briefing sessions on the Bill at our office on the 4th and 9th December. Invitations will follow shortly.
For further information, please contact: