• New AWAs have been abolished; • ITEAs were only able to be made for a transitional period; • Access to employee collective agreements Consistent with the emphasis on collective bargaining contained in the objects of the Act. Consistent with the emphasis on collective bargaining contained in the objects of the Act.
has been severely curtailed; and • The existence of a single union member on-site now guarantees a union dynamic in the workplace. All agreements are non union by default, unless a union involved in bargaining requests to be covered. The objects of the Act support freedom of association and representation at work. AMMA Despite the Fair Work Act’s focus on collective arrangements and third party involvement, AMMA Making union membership unlawful and abolishing the safety net and collective bargaining framework run directly contrary to the objects of the Act.
they were able to do so at all. AMMA Under AMMA’s proposed model, aside from the safeguards detailed … enterprises would be immune from third-party involvement by trade unions and industrial tribunals in their IR practices. Not consistent with the objects of the Act of recognising freedom of association and the right to be represented at work. Further, the objects of the Act indicate that it is the Act that should provide the workplace relations framework, and apply it all Australians.
period, which AMMA recommends be up to four years, with the ability for parties to re-negotiate the arrangements at the end of that time if desired. This would give both parties certainty that the arrangements would continue for a minimum period and would see IFAs operate with more certainty would constitute a form of statutory individual contract , whereas the objects of the Act recognise that statutory individual employment agreements can never be part of a fair workplace relations system. This proposal is also inconsistent with the object of placing an emphasis on collective bargaining.
Before an enterprise agreement is approved by Fair Work Australia, all parties to the agreement should be obligated to ensure the terms of mandated flexibility clauses are capable of delivering genuine flexibility and productivity benefits under IFAs. The object of the act is to facilitate acceptable flexibility and productivity achieved through enterprise level bargaining, rather than imposing standards above the safety net.
AMMA Protected industrial action should not be permitted where claims being pursued do not satisfy a public interest test. The public interest test should take into consideration a number of factors including: • the size of the wage claim being made compared to general industry standards; This proposal would is not consistent with objects of the Act concerning providing workplace laws that take account of Australia’s international obligations.
AMMA Employers must be provided with evidence that employees taking protected industrial action are entitled to do so. This would require workers to positively identify themselves and may discourage them from participating in industrial action, and would accordingly be inconsistent with the objects of the Act. AMMA Union rights clauses are returning under the Fair Work Act given they are now deemed matters Such clauses are consistent with the object of enabling representation at work.
have default bargaining status. AMMA “Issues” that resources employers have with Bargaining include Increased union involvement in the bargaining process The objects of the Act include enabling representation at work and recognising the right to be represented. AMMA Under the Workplace Relations Act, employers The effect of the former provisions was to make collective bargaining unavailable, and restrict entry
were able to make greenfield agreements for start-up projects either with or without union involvement. One option (which no longer exists) was to make an ‘employer greenfield’ agreement that lasted for up to 12 months. Under the Fair Work Act, employers’ only option is to make a greenfield rights. These effects are not consistent with the objects of the Act concerning an emphasis on collective bargaining and enabling representation at work.
agreement with one or more unions, which in many cases is easier said than done. AMMA As part of the [Greenfields] process, Fair Work Australia would have the power to determine that a union’s demands were not in the public interest and issue a ‘greenfield determination’ if This would not be consistent with international obligations for minimal interference in collective bargaining, and accordingly would not be consistent with the objects of the Act (nor would it be consistent with AMMA’s own stated preference against “third party interference”)
agreement could not be reached between the parties. AMMA Whichever way you look at it, the Fair Work Act’s of entry provisions have allowed a greater number of unions to visit a greater number of worksites where they have caused a greater level of disruption to The objects of the Act include enabling representation at work and freedom of association. These objects are reflected in the statutory right of entry regime, which contains provisions to avoid and resolve disputes about disruptions (provided those disruptions have a basis in fact rather than ideology)
union visits to resource industry worksites have been increasing. In an April 2010 survey of AMMA members141, 55.6 per cent of respondents said unions were entitled to enter their worksites for the first time under the Fair Work Act. This is to be expected as an output of the objects of the Act concerning enabling representation. AMMA AMMA members have reported in survey after
AMMA The Fair Work Act’s adverse action or ‘general protections’ provisions are ridiculously and create untold liabilities for employers for up to six years into the future. In AMMA’s view, the provisions are an unnecessary duplication of what is already contained in Australia’s The provisions complained about implement the Act’s objects of recognising freedom of association and the right to be represented, protection against unfair treatment and the prevention of discrimination. Further:
ACCI The Productivity Commission should conduct an inquiry into modern awards/ The of reference make clear that “The Review will not examine those issues concerning the content of modern awards which will be addressed as part of Fair Work Australia’s 2012 review of all modern awards” ACCI Small businesses should be exempted from the requirement to comply with modern awards (except This would be inconsistent with the object of ensuring a guaranteed safety net through the National Employment standards, modern awards and national minimum wage orders.