Industrial Legislation in 2009

Abstract

In 2009, two major pieces of industrial legislation were enacted to give effect to the Labor Government's commitment to replace Work Choices with laws for 'Fair Work'. The Fair Work Act 2009 (Cth) promises to bring greater stability and simplicity to Australia's workplace relations system. However, transitional rules in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) mean that it will be some time before participants in the system can enjoy these benefits. This review gives a brief account of both Acts before examining in more detail the enterprise bargaining rules which commenced operating in July under the supervision of a new institution, Fair Work Australia. We then consider two aspects of the Fair Work legislation which are most likely to provoke controversy when they commence operating in 2010, the adverse action and transfer of business provisions. We also look at the steps taken by federal and state governments to move towards a national system of workplace relations.

Industrial Relations Reform: Chasing a Pot of Gold at the End of the Rainbow?

“…Subsequently, in the late 2000s, the Fair Work Act 2009 (Cwlth) was introduced (see Sutherland 2009; Sutherland and Riley 2010; Borland 2011, pp. 169–70).…”

Industrial Legislation in 2010

“…The implementation of the FW Act took part in two tranches. The bulk of the agreement-making rules, new institutional arrangements and general protections commenced on 1 July 2009 and these were examined in last year's review essay (see Sutherland & Riley, 2010). This review will outline the new safety net provisions, which took effect on 1 January 2010 and consist of two components: the National Employment Standards (NES) and modern awards.…”

Fair Work Australia and the Legacy of the Commission

“…1See, for example, Forsyth and Stewart (2009), Sutherland and Riley (2010) and the various contributions in volumes 22(3) and 23(1) of the Australian Journal of Labour Law and volume 21(1) of the Economic and Labour Relations Review .…”