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WORKPLACE RELATIONS - CHANGES ON THE WAY
With the Howard government taking control of the Senate in July 2005, changes to workplace relations laws seem inevitable. The government has already signalled its intention to reintroduce the raft of workplace legislation it had failed to introduce over the past eight years. It is anticipated these changes will tip the balance of power heavily in favour of businesses and employers.

CHANGES TO SMALL BUSINESS

The government proposes to exempt small business (fewer than 100 employees) from the operation of the unfair dismissal laws via the Workplace Relations Amendment (Fair Dismissal) Bill.

The Workplace Relations Amendment (Protecting Small Business Employment) Bill will exempt small business from redundancy obligations.

The Workplace Relations Amendment (Choice in Award Coverage) Bill 2004 will provide small business with new avenues for resisting award roping-in applications.

CHANGES TO AGREEMENT MAKING IN FAVOUR OF INDIVIDUAL BARGAINING AND INDEPENDENT CONTRACTOR ARRANGEMENTS.

Reforms include extending and streamlining the use of Australian Workplace Agreements (AWAs), and extending the operation of Enterprise Bargaining Agreements (EBAs) from three to five years via the Workplace Relations Amendment (Simplified Agreement Making) Bill 2002.

Introduction of an Independent Contractors Act, which will protect and promote the status of independent contracts. It aims to restrain unions from seeking orders from the Australian Industrial Relations Commission (AIRC) that limit the use of contractors.

The Workplace Relations Amendment (Better Bargaining) Bill aims to enhance the AIRC’s power to terminate bargaining periods and introduce “cooling-off” periods.
Posted 26 Oct 2005

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