Fair Work Australia will become increasingly important to business in 2010 as significant workplace reforms over the last 12 months continue to reshape the industrial relations landscape, according to Freehills’ Employment & Workplace Relations Guide 2010.
The annual legal guide to Employment and Workplace Relations in Australia points out that these changes also mean workplace bargaining between employers and unions is becoming increasingly complex.
‘There will be a much greater emphasis on the role of Fair Work Australia than under the old Australian Industrial Relations Commission,’ Freehills employee relations partner, Tony Wood said.
There are likely to be more inter-union demarcation disputes as unions fight for relevance under the new system. And, anecdotally, it’s also becoming clear that some unions are seeking to minimise the rule of individual (non-union) bargaining representatives. On the employer side, there will be a greater reliance on the cooling off provisions as well as the use of employer lockouts in response to protected industrial action.
‘We are already seeing the reinvigoration of the tribunal. Members of FWA are busier and the matters are more complex. Oddly, the new ‘simpler’ system is already generating more legal and technical arguments than under WorkChoices. The challenge for business—especially small-to-medium employers—will be to ensure their management and strategic approach is the equal of the unions.’
According to Mr Wood, most unions (although far from all), have grasped the changes and are well prepared to exploit the opportunities. This is particularly the case in relation to enterprise bargaining and understanding the new workplace rights and general protections under the Fair Work Act.
Mr Wood has also predicted more disputes arising from good faith bargaining, especially over the exchange of information being sought by bargaining representatives, who can request ‘ relevant’ information provided it is not ‘confidential’ or ‘commercially sensitive’.
‘This aspect will be a major area of contention, especially with so many old workplace agreements expiring by 30 June’.
‘Smart employers will face up to the challenge and ensure they are using their rights under the Fair Work Act to challenge unions on their good faith bargaining obligations’ said Mr Wood.
Significant workplace reforms that have taken place over the last 12 months and their impact on Australian businesses is explained in Freehills’ Employment & Workplace Relations Guide 2010, providing a strong basis in understanding evolving employment law and human resources issues.
This guide will be a valuable resource and a single reference for comprehensive, straightforward and up-to-date information about all areas of employment law, both federal and state, in a practical and easy to read format / style.
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