Update on Coalition proposed Workplace Relations Policy

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 and impact".
• 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 legislation.
• 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 2001 (Cth).
• Re-establishing the Australian Building and Construction Commission.
• 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 same issue.
• 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:
• 1. Are not exorbitant or excessive, having regard to the conditions at the workplace and in the industry in which it operates;
  2. Are fair and reasonable having regard to the conditions and the workplace and the industry in which it operates; and
  3. 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.