A looming question for the building and construction industry is, what will happen if the ALP wins the election?
The ALP has said:
- The Building and Construction Industry Improvement Act 2005 will remain in place until 31 January 2010;
- The Australian Building and Construction Commission will also remain until 31 January 2010 - with its current funding in place. Its functions will then be subsumed into a new hybrid body called 'Fair Work Australia' – which will replace the Australian Industrial Relations Commission, the Workplace Authority and other regulatory bodies.
It also appears that – with the exception of abolishing AWAs and starting award simplification – most ALP changes to the workplace relations system will not take effect until 2010 (although there is some uncertainty about this).
However, the big question for the industry is – what will happen to the National Code and the Implementation Guidelines?
Would an ALP Government move to change the Guidelines immediately after election? While the Code and Guidelines have not been without their problems, they have assisted in achieving some significant cultural change in the industry.
The Code and Guidelines are Federal Government administrative policy only – changing the Code and Guidelines does not require legislation or even a change to regulations. They could be amended at the 'stroke of a pen' – and regardless of who controls the Senate.
For full coverage of both Coalition and ALP Policy, see our HR & IR Update on the Election and Workplace Relations dated 15 Otober 2007.
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.