Fair Work Amendment Bill 2012

Transcription

1 Industrial Updates

2 Fair Work Amendment Bill 2012 The Fair Work Amendment Bill 2012 (the Bill) passed through both Houses of Parliament on 28 November The Bill implements a number of recommendations of the independent Fair Work Act (FW Act) Review Panel, and other changes arising from Minister for Employment and Workplace Relations and Minister for Financial Services and Superannuation Bill Shorten s consultation with stakeholders on the Review Panel s report.

3 Fair Work Amendment Bill 2012 Key Changes 1. Changes to Fair Work Australia s structure and processes FAIR WORK AUSTRALIA FAIR WORK COMMISSION

4 Fair Work Amendment Bill 2012 Key Changes 2. Unfair dismissals and general protections Time limits = 21 Days New measures for dismissing unfair dismissal applications

5 Fair Work Amendment Bill 2012 Key Changes 3. Agreement making, modern awards and industrial action No opt-out terms in EAs; Need more than one employee to make an EA; Where union does not coverage, union official cannot act as bargaining representative; Clarify which union members are able to vote and participate in protected industrial action; Amend the conduct of protected action ballots.

6 Fair Work Amendment Bill General no costs rule Key Changes Amendments made to section 570(1) of the FW Act so that the general no costs jurisdiction operates in matters arising under the FW Act (rather than in relation to courts exercising jurisdiction under the FW Act). Construction, Forestry, Mining and Energy Union v CSBP No. 2 (2012) 64 AILR

7 Fair Work Amendment Bill 2012 Key Changes 5. Default Superannuation Funds Introduced new requirements in relation to modern award terms about default superannuation and a process under which default fund terms will be reviewed every four (4) years.

8 Tribunal Consolidation On 20 October 2011, the NSW Parliamentary Standing Committee on Law and Justice (the Standing Committee) set up an inquiry into the opportunities to consolidate Tribunals in NSW. Standing Committee considered the current and forecast workload for the Industrial Relations Commission (IRC) (including the Commission in Court Session) as a result of recent changes in Occupational Health and Safety (OHS) legislation and the FW Act.

9 Tribunal Consolidation LGSA made a submission late last year generally supporting tribunal consolidation, however, we were also of the view that IR and employment related matters should be dealt with by a tribunal that specialises in such matters. On 26 October 2012, the NSW Government reached its decision. Twenty-three (23) of the State s tribunals will be integrated into a new over-arching tribunal to be known as the NSW Civil and Administrative Tribunal (NCAT). The IRC NSW is not one of the bodies being consolidated at this time.

10 Review of LG Modern Award FWA is obliged under the Fair Work Act 2009 (Cth) to conduct a review of all Modern Awards in 2012/2013, ahead of the first 4 yearly review in This "interim" review was to occur as soon as practicable after 1 January The Modern Award Review requires FWA to consider whether Modern Awards are: - achieving the Modern Awards Objective; and - operating effectively, without anomalies or technical problems arising from the original Part 10A award modernisation process.

11 Review of LG Modern Award The LGSA, together with the local government associations in each of the other states and the Northern Territory, made a joint submission(s) in relation to the Local Government Industry Award 2010 on 8 March FWA released a timetable on 5 July 2012 and directions that explain how the different matters will be dealt with over the review process and how long the process will take. Four stage process: 1. Penalty Rates and Public Holidays (1 July October) 2. Trainees, Juniors and Apprentices (31 October 31 January 13 ) 3. Annual Leave including shift work (31 January March) 4. Local Government Modern Award (1 April May 2013)

12 Review of LG Modern Award Currently Stages 1 and 2 are on foot and the LGSA have been preparing submissions and attending court listings as required. Hearing dates have been scheduled in March and April Stay Tuned!!