The Australian Labor Party (ALP) released further information in early September on the fine- tuning of its industrial relations policy. We have set out below a summary of the main principles of the ALP IR policy, so you can make up your own mind up on whether it is ‘Workchoices-lite’ (as labelled by some union leaders), or a “return to the bad old days” as the Liberal Party would have you believe. .

AWAs / Transitional arrangements

• Existing Australian Workplace Agreements (AWAs) will be able to run for their full term, which could be up to five years.
  An existing AWA can only be terminated if both the parties agree, or if one party gives 90 days notice of termination after the nominal expiry date of the AWA.
  
  
• If an employer currently uses AWAs, the employer can enter into individual transitional employment agreements (ITEAs) with its employees. An ITEA must not disadvantage the employee against a collective agreement, or if there is no collective agreement, the applicable award and the Fair Pay and Conditions Standard. An ITEA can apply up to 31 December 2009.
  
  
• AWAs and ITEAs cannot be overridden by an award or collective agreement during the transitional period (up to 31 December 2009).

National Employment Standards

• Labor will introduce 10 minimum National Employment Standards, which will apply to all employees (including high earners). These standards will come into force on 1 January 2010.
  
  
• The National Employment Standards are: hours of work; parental leave; flexible work for parents; annual leave; personal and compassionate leave; community service leave; public holidays; information in the workplace; notice of termination and redundancy; and long service leave.

Awards

• The current system of awards will be simplified and modernised over the next two years, and the new awards will begin on 1 January 2010.
  
  
• An award will contain 10 basic award conditions, and industry specific information on the operation of the National Employment Standards.

Collective agreements

• Collective agreements are at the heart of the ALP IR policy.
  
  
• Non-union agreements are available, and help and advice will be available from a new body, Fair Work Australia, on collective bargaining.
  
  
• Each collective agreement must include a flexibility clause, allowing for an individual arrangement to be made between the employer and an employee.

Flexibility

• An employee earning more than $100,000 (calculated on the employee’s guaranteed ordinary earnings) will be free to agree his/her own pay and conditions under a common law agreement, without reference to an award.

Unfair dismissal

• An employee will only be able to claim unfair dismissal:
  
  (i) if the employer has less than 15 employees: the employee has been employed for at least 12 months; or
  (ii) if the employer has 15 or more employees: the employee has been employed for at least 6 months.
  
  
• The ALP has also previously stated that an employee must bring a claim of unfair dismissal within seven days of the date of termination of employment.
  
  
• A Fair Dismissal Code will be developed. If the Code is followed, a dismissal should be considered fair.

Right of entry

• The existing right of entry rules will be maintained.
  
  
• Only authorised permit holders will be able to enter another’s premises.

Industrial action

• Industrial action may only be taken during bargaining for a collective enterprise agreement, and if it has been approved by employees in a secret ballot.
  
  
• The provisions regarding secondary boycotts in the Trade Practices Act will be retained.
  
  
• The current arrangements for accessing the courts to obtain orders to prevent unprotected industrial action will continue to apply.
  
  

For further information, please contact Clare Hudson on +61 3 9608 2140 or c.hudson@cornwalls.com.au or Louise Houlihan on + 61 3 9608 2273 or l.houlihan@cornwalls.com.au.