Www.actu.org.au/images/dynamic/attachments/7201/the_fair_work_act_two-years_on.pdf. Www.actu.org.au/Images/Dynamic/attachments/7201/Working_By_Numbers_Separating_rhetoric_and_reality_on_Australian_productivity_v2.pdf. Www.deewr.gov.au/WorkplaceRelations/Policies/FairWorkActReview/Documents/AustralianIndustryGroup.pdf. Middletons - FWA Review paper released - Boardroom Radio webcast. A Year In Review: Good Faith Bargaining | Bartier Perry Solicitors. It has now been a year since the good faith bargaining provisions in the Federal Fair Work Act 2009 commenced operation.
For the most part, employers, employees and unions have embraced the obligation of good faith bargaining and successfully negotiated enterprise agreements at the workplace. There have, however, been some disputes between bargaining representatives. Fair Work Australia has been required to interpret and apply the good faith bargaining obligations to various tactics adopted during bargaining. Overall, Fair Work Australia has been cautious and responsible in imposing obligations on bargaining representatives, choosing not to intervene and issue bargaining orders. In this bulletin we examine the development of the law concerning good faith bargaining. Good faith bargaining – what is it? Bargaining for an enterprise agreement is framed around the obligation to bargain in good faith.
Some case studies Other developments James Mattson. Good faith bargaining ‘unfair for business’: AMMA. The mining and resources sector has voiced its widespread concern about good faith bargaining under the Fair Work Act in a hard-hitting discussion paper that calls for “much needed” changes (see: Employers ‘getting on with bargaining’: Evans). Employer representative body Australian Mines and Metals Association (AMMA) said it would lobby for reforms after the discussion paper revealed companies were finding it increasingly difficult to negotiate all types of agreements. The paper – Agreement or argument: what faith can we have in good faith bargaining? – reviewed the first 12 months of the Fair Work Act and made recommendations for sweeping changes.
“Following an extensive review of the operation of the FW Act’s good faith bargaining provisions, and as part of an ongoing longitudinal study into the impact of the Act, AMMA has made 22 recommendations to improve bargaining outcomes in the resource industry,” an AMMA spokesperson told HR Report. Employers’ time tied up with bargaining. Fair Work review broad enough, experts say, but Govt commitment to change questioned. Www.aigroup.com.au/portal/binary/com.epicentric.contentmanagement.servlet.ContentDeliveryServlet/LIVE_CONTENT/Publications/Reports/2010/9032_Bargaining_Provisions_of_the_Fair_Work_Act_A_Progress_Report_web.pdf.
The Fair Work Act - Enterprise agreements and good faith bargaining | Clayton Utz. The Fair Work Act - Enterprise agreements and good faith bargainingGlen Bartlett, Partner, Workplace Relations Changes to agreement-making and enterprise bargaining are among the most critical and important changes in the Fair Work Act, because they fundamentally alter the framework for negotiations. The statutory agreement you can make under Fair Work is an enterprise agreement. Enterprise agreements can either be single enterprise agreements, or multi-enterprise agreements. Single enterprise agreements, which are directly between an employer and its employees, will be the most common type. Multi-enterprise agreements are much rarer and involve more than one unrelated employer and more than one business. Whatever the type of enterprise agreement you make, it must contain a number of terms including a term allowing the employer and an employee to vary its effect by making an individual flexibility agreement.
So how do you start bargaining for a new agreement? PM - Little difference between Work Choices and Fair Work Act strike provisions 31/10/2011. MARK COLVIN: One of Australia's most respected industrial law academics says the Fair Work Act provisions regulating strikes are virtually unchanged from WorkChoices. And even a think tank that wants the Government's industrial laws changed acknowledges the number of industrial disputes is low in historical terms. Business reporter Michael Janda. MICHAEL JANDA: Fair Work Australia's decision to terminate industrial action over the Qantas agreement was based on its power to stop actions that threaten significant damage to the economy. And although all industrial action was terminated, Fair Work Australia ruled it was only Qantas' threatened staff lock-out that was likely to cause significant economic damage. Professor Ron McCallum, an industrial law expert from Sydney University, says it highlights the similarities between Work Choices and the Labor Government's Fair Work Act when it comes to enterprise bargaining.
JOHN LLOYD: The Fair Work Act introduced good faith bargaining. ROSS GITTINS: Shouting slogans will not further Fair Work debate. It's a compelling narrative: in the 1980s we deregulated the financial markets, slashed import protection and deregulated many markets for particular products. But then it dawned on us that deregulated, highly competitive product markets could hardly co-exist with a centralised, highly regulated labour market. So Paul Keating started to deregulate the labour market, ending centralised wage-fixing and moving to collective bargaining at the enterprise level. The Liberals' Peter Reith introduced a formal system of individual contracts, Australian workplace agreements, then John Howard completed the process of deregulation by introducing Work Choices. But then Labor used Julia Gillard's Fair Work Act to re-regulate the labour market. So we've reverted to our original problem of having a regulated labour market that simply doesn't fit with deregulated, trade-exposed product markets.
These provisions of Work Choices were carried over largely unchanged in Fair Work. Confused yet? Www.hrnicholls.com.au/archives/vol30/2010skene.pdf. From Work Choices to the Fair Work System. How does the Fair Work Act 2009 impact your company? With so much media coverage about different aspects of and amendments to the proposed changes to the Industrial Relations system you may be a little confused. The Fair Work Act The Fair Work Act repeals the Workplace Relations Act (Workchoices) and establishes Fair Work Australia and the Fair Work Ombudsman, replacing the Workplace Authority and the Workplace Ombudsman.
Important Dates 1 July 2009: The majority of the new Fair Work Act commences with the key areas being: Unfair dismissal - Upon completion of a qualifying period an employee can lodge an unfair dismissal claim. 1 January 2010 - The National Employment Standards (NES), the new set of 10 minimum employment standards (introduced in Issue 2 of the YHRM Newsletter), commence from this date. 1 January 2010 - The new Modern Awards replace existing Federal and State awards from this date. Fair Work Act Review. The Fair Work Act 2009 and the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 came into full effect on 1 January 2010. Due to the scale of the reforms to Australia’s workplace relation system, the former Australian Government made a commitment to review the operation of this legislation after two years.
The Fair Work Act Review was conducted by a panel of eminent Australians, comprising Reserve Bank Board Member Dr John Edwards, former Federal Court Judge, the Honourable Michael Moore and noted legal and workplace relations academic Professor Emeritus Ron McCallum AO. As part of the review the panel invited employee organisations, employer organisations and other interested parties to provide submissions in response to a .
The panel also conducted extensive consultations and roundtable discussions with key stakeholders. The panel received more than 250 submissions. The Fair Work Act Review Panel’s final report, was released on 2 August 2012. The. Union Push To Extend Unfair Dismissal Laws. Nurses vote on industrial action last November. Photo: Angela Wylie Unions are pushing to make it easier for workers to claim unfair dismissal and for a more activist role for the workplace tribunal in settling industrial disputes. As part of its submission to the Gillard government's Fair Work Act review, the ACTU wants to make workers in small businesses, defined as fewer than 15 staff, have the same dismissal rights as those in larger businesses.
Currently, workers in small businesses have a longer qualifying period before they can claim unfair dismissal and can be also more easily dismissed. Labor's unfair dismissal laws have led to a doubling in claims since the final year of the Howard government's WorkChoices that made businesses with 100 or fewer staff exempt from claims. Advertisement Unions are also pushing for a raft of changes that would make it easier to take industrial action and to ensure that they are able to bargain over a wide range of issues, including job security. The business view of Fair Work - The Business. Fair Work Act adding to legal workload: AHRI report. ACCI calls for Fair Work Review to tighten unfair dismissal rules, stop adverse action claims from becoming a “lawyers picnic" The Australian Chamber of Commerce and Industry has called for broad changes to Labor’s Fair Work Act, saying it is neither flexible nor adaptable and has contributed to rising costs for small businesses.
In a wide-ranging submission to the review of the Act, the business body says Australia’s ability to retain jobs is weaker now than it was during the heart of the global financial crisis. “The case for amendment of the Fair Work system is real and based on actual business experience, not speculation or policy theory,” ACCI says. “A diverse mix of business owners, business leaders, human resource professionals, industrial practitioners and independent commentators have, over the past year, identified shortcomings requiring amendment. “Some elements of the system are working satisfactorily. The ACCI is calling for tighter criteria for unfair dismissal claims for employees to what it sees as the return of “go away money”. ACCI is also calling for: Submissions. ACTU submission. Www.deewr.gov.au/WorkplaceRelations/NewWorkplaceRelations/Documents/FactSheets/WRFairWorkBillFactSheetsCOMBINED.pdf. 6354.0 - Job Vacancies, Australia, Nov 2011. <h4>Please enable javascript to see the dynamic graph content</h4> Total job vacancies in February 2014 were 140,800, an increase of 0.3% from November 2013.
The number of job vacancies in the private sector was 130,900 in February 2014, an increase of 0.8% from November 2013. The number of job vacancies in the public sector was 9,900 in February 2014, a decrease of 5.4% from November 2013. From this issue, the private sector job vacancies series from November 2009 onwards will be seasonally adjusted. This has resulted in revisions to the historical seasonally adjusted series. For further details on seasonally adjusted estimates, refer to paragraphs 33 to 35 in the Explanatory Notes.
Estimates of percentage change shown in this publication have been calculated using unrounded estimates, and may be different from, but are more accurate than, movements obtained from calculating percentage change using the rounded estimates presented in the Tables and the datacubes on the Downloads tab. 61,500 new jobs by 2015: report | The Resource Channel - Australian mining, oil and gas jobs. Desperate search for 10,000 mining jobs in WA Goldfields | Australian Mining. New analysis of upcoming resource and infrastructure projects in Western Australia indicates a desperate need for workers to fill job vacancies. The analysis comes amid new figures from the Bureau of Statistics showing while job creation across Australia was falling, the shortage in Western Australia and Queensland was still acute.
According to the Kalgoorlie Miner Pit Crew Consulting’s analysis of the Goldfields-Esperance region indicated there were 61 projects underway and a further 28 likely to begin this year. Goldfields-Esperance Workforce Development Alliance president Ron Mosby told the Kalgoorlie Miner the projects meant there would be about 10,000 job vacancies in the area in 2012. He said demand for workers was tough and in direct competition with WA’s booming northwest and Pilbara regions. According to yesterday's ABS data mining jobs and construction and technical professions continue to enjoy the strongest performance in the labour market. Resources Sector REPORT PDF.