In the lead up to the September federal elections the Federal
Opposition released its "Policy to Improve the Fair Work
Laws" (Coalition Policy) on 9 May 2013.
The Coalition Policy essentially proposes to retain the current
system of workplace regulation under the Fair Work Act
2009 (Cth) (FW Act), with several
"incremental and evolutionary changes" to be legislated
within three months if a Coalition Government takes office.
The key aspects of the Coalition Policy include the
Coalition's plans to:
Keep the Fair Work framework. However proposed amendments
should be expected as the Coalition Policy includes
"working to improve" these laws and the
Coalition plan to ask the Productivity Commission to undertake an
independent review of the Fair Work laws to provide an
"objective and comprehensive assessment of their operation
Adopt further recommendations put forward by the Fair Work
Review Panel report prepared in 2012.
Establish a Paid Parental Leave Scheme which will provide
mothers with 26 weeks of paid parental leave, at full replacement
wage (capped at $150,000) or the national minimum wage (whichever
is greater) plus superannuation.
Limit the right of entry provisions under the current
Amend laws so that registered industrial organisations and
their officials will be subject to the standards that companies and
directors are currently held to under the Corporations Act
Re-establishing the Australian Building and Construction
Provide increased guidance for small business employers
relating to their legal obligations and creating exemptions from
penalties for small business employers who make errors regarding
employment conditions, if such errors are not deliberate and if
advice was previously sought from the Fair Work Ombudsman on the
Support Labor's proposed amendments to the FW Act to
address workplace bullying. However, the Coalition plan to require
workers to have first sought preliminary help, advice or assistance
from an independent regulator before making a claim to the
tribunal. The Coalition also plans to expand Labor's proposed
changes to bullying laws to cover union officials and their conduct
towards managers, employers and workers.
Amend laws relating to enterprise bargaining including amend
current laws to allow protected industrial action to occur only
after there has been "genuine and meaningful"
talks between workers and business at the workplace and require the
Fair Work Commission to be satisfied that claims in support of
protected industrial action:
Are not exorbitant or excessive, having regard to the
conditions at the workplace and in the industry in which it
Are fair and reasonable having regard to the conditions and the
workplace and the industry in which it operates; and
Would not adversely affect productivity.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Kemp Strang has received acknowledgements for the quality of
our work in the most recent editions of Chambers & Partners,
Best Lawyers and IFLR1000.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
An actuarial review of the Invensys Australia Superannuation Fund showed it to be in surplus to the tune of $189.2 million. In mid 2003, the Invensys Group proposed to the trustee that the surplus be repatriated to the principal employer in the group.
Lenders in New South Wales breathed a sigh of relief earlier this month when the Supreme Court ruled in Bank of Western Australia Ltd v. Primanzon  NSWSC 862 that two part-time commercial property investors could not claim relief under the Contracts Review Act 1980 (NSW) because the loans advanced to them were entered into in the course of a trade, business or profession carried on by them.
A key aspect of an innovation culture is keeping it active at all levels of management, from teams to board meetings.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).