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What systems are we looking at?

The Coalition are committed to national system – supported by High Court endorsement of Constitutional power - would expand to cover all Australian employees if legally feasible considering state government opposition

ALP are committed to national system and would seek to expand to cover all Australian employees by seeking the cooperation of state governments.

What agencies will drive IR?

Coalition - WorkChoices structure continues – AIRC confined to unfair dismissal matters, agreement bargaining and dispute resolution. The Australian Fair Pay Commission (AFPC) sets minimum rates of pay. The Award Review Taskforce is revamping the award system. The Workplace Ombudsman polices the system. The Workplace Authority is the principal administrative and information agency. The Australian Building and Construction Commission (ABCC) is responsible for maintaining fair practices in the construction industry.

ALP - Fair Work Australia (FWA) to cover full range of IR responsibilities – from administrative to judicial. Role of AIRC likely to be folded into FWA. ABCC to remain until 2010. New Office of Work and Family to be established to assist with employees to balance family and personal obligations with work demands.

How will Awards be affected?

Under the Coalition - Awards will continue on path to become less relevant instruments in the whole system. Awards to be simplified and rationalised to serve as reference documents but the principal instruments for industrial regulation would be agreements.

Under the ALP - Awards to be reduced in number and simplified over a two year period commencing form the beginning of 2008. an additional 10 minimum conditions to be added to current Standard conditions including overtime rates, penalty rates, annual leave loading and superannuation.

What about minimum wages and conditions?

With the Coalition - AFPC to continue to be responsible for the setting of minimum wages and will stick with the Minimum Standard with respect to wages, leave and hours to continue. Protected award conditions and fairness test to continue.

ALP indicated that the FWA to take over role of AFPC with respect to wages, and have proposed a guaranteed 10 statutory minimum conditions, with a further 10 conditions encapsulated in awards. The statutory minima are: a 38-hour week (with reasonable additional hours); unpaid parental leave (12 months) with provision for an additional 12 months on request; right for parents to request flexible work arrangements until child reaches school age; four weeks annual leave (plus an additional week for shift workers); 10 days personal and carer's leave, plus two days paid compassionate leave and an additional two days of unpaid personal leave for emergencies; public holidays; a Fair Work Information Statement containing details of employees' rights and entitlements; notice of termination; redundancy pay (employer with 15 or more employees); and long service leave (as currently – with Australian standard to be pursued).

Will Collective agreements be adjusted?

Coalition – will make available but employers can choose to exclude collective bargaining and just have individual agreements. Good faith bargaining is not prescribed. Agreements can be made for up to five years.

ALP indicate that if majority of employees want a collective agreement then an employer can be forced to bargain collectively by FWA. FWA to assess fairness of agreements against relevant award provisions. Agreements can be made for up to four years.

How will the Collective Bargaining process be impacted?

Coalition - Protected action permitted in course of negotiation but not permitted during term of agreement. Secret ballot required before industrial action permitted. Bargaining period can be suspended or terminated by AIRC in exceptional circumstances – eg health or safety threatened. Minister has power to make declaration if personal safety etc threatened.

The ALP propose a similar policy to Coalition - Protected action permitted in course of negotiation but not permitted during term of agreement. Secret ballot required before industrial action permitted. Where industrial action is causing or threatening significant damage to the wider economy or to safety or welfare of the community, Fair Work Australia will have power to terminate industrial action.

Will AWA's change?

Under a Coalition, AWAs are the preferred instruments under the WorkChoices regime. AWAs are subject to the Fairness Test. Agreements can be made for up to five years.

However under ALP, AWAs to be abolished but there will be two transitional provisions: existing AWAs to run their course; and Individual Transitional Employment Agreements to be allowed (expiring 31 December 2009) to cater to workplaces that require time to move away from individual arrangements. Agreements can be made for up to four years.

What about Unfair and Unlawful Dismissal?

The Coalition operate in an environment where employees in workplaces with more than 100 employees can bring unfair dismissal action. Genuine operational reasons are sufficient for employers of more than 100 employees to justify dismissals. Other employers are not subject to unfair dismissal actions. Dismissals that are based on discriminatory grounds are unlawful and all employees can seek redress in such cases

ALP are aiming for unfair dismissal actions available to all employees who have been employed for at least 12 months. “Fair dismissal code’ to be developed – code will serve as guide to what is a fair dismissal. A non-legalistic hearings system proposed. Unlawful dismissal will be similar to Coalitions.