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New WorkChoices System - summary of main features

Posted in Employment, Industrial Relations, WorkChoices by OnlineLegal on the March 16th, 2006

The main features of the new Federal WorkChoices System can be summarised as follows:

  • A national industrial relations system which will cover 85% of Australian employees;
  • The general application of five minimum employments standards to be known as the Australian Fair Pay and Conditions Standard;
  • The determination of wages (and casual loadings) by a new body, The Australian Fair Pay Commission – as indicated earlier, the commission was constituted from the date of royal assent;
  • A simplified process of making workplace agreements (including collective agreements and Australian workplace agreements).  Workplace agreements will exclude the operation of awards and will no longer have to meet the “no disadvantage” test which applied under the old system;
  • Decreasing relevance of the award system;
  • Availability of different types of dispute resolution processes;
  • Reduced eligibility for employees to make application for unfair dismissal;
  • Increased options for employers in relation to dealing with industrial action;
  • Significant changes to a union right of entry.  There is no right of entry for discussion purposes at all where employees are on AWA’s.