Encyclopedia > Australian industrial relations legislation, 2005
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 The Minister for Workplace Relations, Kevin Andrews, who introduced the Australian industrial relations legislation, speaking at a press conference on 8 November In May 2005 Workplace Relations Minister Kevin Andrews announced that the Howard Government would seek to introduce a series of proposed changes to Australian industrial relations law. The bills were introduced into the Australian House of Representatives by Industrial Relations Minister Kevin Andrews on 2 November. Wikipedia does not have an article with this exact name. ...
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Image File history File links Kevinandrews. ...
Image File history File links Kevinandrews. ...
2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ...
Hon Kevin Andrews Kevin James Andrews (born 9 November 1955), is an Australian politician. ...
John Howard John Winston Howard (born July 26, 1939), is an Australian politician and the 25th Prime Minister of Australia, coming to office on March 11, 1996 and winning re-election in 1998, 2001 and 2004. ...
Australian House of Representatives chamber Entrance to the House of Representatives The Australian House of Representatives is one of the two houses (chambers) of the Parliament of Australia. ...
Hon Kevin Andrews Kevin James Andrews (born 9 November 1955), is an Australian politician. ...
November 2 is the 306th day of the year (307th in leap years) in the Gregorian Calendar, with 59 days remaining. ...
The new laws are supported by employer groups such as the Business Council of Australia and the Australian Industry Group and opposed by the Australian Council of Trade Unions (ACTU), the Australian Labor Party (ALP), the Australian Greens, the Family First Party, and various church groups. The Business Council of Australia represents the chief executives of approximately 100 large Australian corporations. ...
The Australian Industry Group (AIG) represents 10,000 east coast Australian employers of various sizes, covering a wide range of industries. ...
The Australian Council of Trade Unions (ACTU) is the peak national body representing workers in Australia. ...
The Australian Labor Party or ALP is Australias oldest political party. ...
The Australian Greens is the national Greens party in Australia. ...
The Family First Party is a political party in Australia. ...
Scope of the proposed changes The changes include:- - forming a single national industrial system to replace the separate state and federal systems;
- establishing a body to be known as the "Australian Fair Pay Commission" to replace National Wage Cases at the Australian Industrial Relations Commission (AIRC);
- "stream-lining" of certified agreement and Australian Workplace Agreement making, including increasing the maximum agreement life from three years to five years;
- reduction in allowable award matters;
- legislating five enforcable workplace conditions;
- exempting companies with less than 100 employees from Unfair dismissal laws;
- exempting all companies from Unfair dismissal laws where dismissal is for a bona fide operational reason;
- increasing restrictions on allowable industrial action;
- mandating secret ballots for industrial action;
- discouraging pattern bargaining and industry-wide industrial action.
On October 9, 2005 the Howard Government launched its "WorkChoices" guide and announced that some further changes and concessions had been made to the package, the concessions widely-credited as being the result of union lobbying. The Opposition Australian Labor Party described it as "sugar-coating a poison pill"; the Australian Council of Trade Unions described it as merely a "re-presentation" of the old package. The Australian Industrial Relations Commission (AIRC) is a tribunal established under the Workplace Relations Act 1996 (Cth). ...
An Australian Workplace Agreement (AWA) is an individual contract on wages and working conditions between an employer and employee in Australia, under the Workplace Relations Act 1996. ...
Unfair dismissal is the term used to describe an employers action when terminating an employees contract unfairly. ...
October 9 is the 282nd day of the year in the Gregorian calendar (283rd in Leap years). ...
2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ...
The Australian Labor Party or ALP is Australias oldest political party. ...
The Australian Council of Trade Unions (ACTU) is the peak national body representing workers in Australia. ...
Introduction of the Bill into Parliament
 A record eleven Labor MPs were ejected from the House for protesting against the Howard Government's industrial relations bill. Left to right: Anthony Albanese, Annette Ellis, Anthony Byrne, Maria Vamvakinou, Catherine King, Michael Danby, Dr Craig Emerson, Gavan O'Connor, Julia Irwin, Kelly Hoare, Bernie Ripoll The Workplace Relations Amendment (Work Choices) Bill 2005 (Cth) was introduced into the Australian House of Representatives on November 2, 2005 by the Minister for Employment and Workplace Relations, Kevin Andrews. Image File history File links Download high resolution version (1393x674, 173 KB) Summary Eleven Labor MPs who were ejected from the House for protesting against the Howard Governments industrial relations bill. ...
Image File history File links Download high resolution version (1393x674, 173 KB) Summary Eleven Labor MPs who were ejected from the House for protesting against the Howard Governments industrial relations bill. ...
Anthony Albanese Anthony Norman Albanese (born 2 March Australian politician, has been an Australian Labor Party member of the Australian House of Representatives since March 1996, representing the Division of Grayndler, New South Wales. ...
Annette Ellis Annette Louise Ellis (born 13 October 1946), Australian politician, has been an Australian Labor Party member of the Australian House of Representatives since March 1996, representing the Division of Namadgi, Australian Capital Territory 1996-98 and the Division of Canberra, Australian Capital Territory since 1998. ...
Anthony Byrne Anthony Michael Byrne (born 1 December Australian politician, has been an Australian Labor Party member of the Australian House of Representatives since October 1998, representing the Division of Holt, Victoria. ...
Maria Vamvakinou Maria Vamvakinou (born 4 April 1959), Australian politician, has been an Australian Labor Party member of the Australian House of Representatives since November 2001, representing the Division of Calwell, Victoria. ...
Catherine King Catherine Fiona King (born 2 June 1966), Australian politician, has been an Australian Labor Party member of the Australian House of Representatives since November 2001, representing the Division of Ballarat, Victoria. ...
Michael Danby Michael David Danby (born 16 February 1955), Australian politician, has been an Australian Labor Party member of the Australian House of Representatives since October 1998, representing the Division of Melbourne Ports, Victoria. ...
Craig Emerson Dr Craig Anthony Emerson (born 25 January 1947), Australian politician, has been am Australian Labor Party member of the Australian House of Representatives since October 1998, representing the Division of Rankin, Queensland. ...
Gavan OConnor Gavan Michael OConnor (born 2 December 1947), Australian politician, has been an Australian Labor Party member of the Australian House of Representatives since March 1993, representing the Division of Corio, Victoria. ...
Julia Irwin Julia Claire Irwin (born 8 November 1951), Australian politician, has been an Australian Labor Party member of the Australian House of Representatives since October 1998, representing the Division of Fowler, New South Wales. ...
Kelly Hoare Kelly Joy Hoare (born 1 July 1963), Australian politician, has been an Australian Labor Party member of the Australian House of Representatives since October 1998, representing the Division of Charlton, New South Wales. ...
Bernie Ripoll Bernard Fernando Ripoll (born 6 June Australian politician. ...
Australian House of Representatives chamber Entrance to the House of Representatives The Australian House of Representatives is one of the two houses (chambers) of the Parliament of Australia. ...
November 2 is the 306th day of the year (307th in leap years) in the Gregorian Calendar, with 59 days remaining. ...
2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ...
Hon Kevin Andrews Kevin James Andrews (born 9 November 1955), is an Australian politician. ...
The Labor Party claimed it was not provided with enough copies of the Bill when it entered the Parliament. They mounted a campaign against the Bill in Parliament throughout the day. Opposition members became extremely rowdy during Question Time, continually interjecting Government members, forcing the Speaker (and later the Deputy Speaker) to remove 11 of them [1] [2].
The Bill passed through the House of Representatives on 10 November Hansard p36 and was introduced into the Senate later that day by Special Minister of State, Senator Abetz Hansard p107. November 10 is the 314th day of the year (315th in leap years) in the Gregorian Calendar, with 51 days remaining. ...
Opposition to the changes
 Greg Combet, Secretary of the Australian Council of Trade Unions, tells a media conference that "the Australian labour movement will overturn this legislation, no matter how long it takes." He was speaking on November 2, 2005, shortly after the government introduced its legislation into the Australian Parliament. In response to the Howard Government's WorkChoices package, the Australian Council of Trade Unions, the peak association for Australian trade unions, launched its "Your Rights at Work" campaign opposing the changes. The campaign involves mass rallies and marches, television and radio advertisements, judicial action, e-activism, and, potentially, industrial action. Image File history File links Download high resolution version (1088x1317, 261 KB) Summary Photo by User:Adam Carr, 2 November 2005 Licensing File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ...
Image File history File links Download high resolution version (1088x1317, 261 KB) Summary Photo by User:Adam Carr, 2 November 2005 Licensing File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ...
Greg Combet at rally against industrial relations reform in Melbourne in early 2005. ...
The Australian Council of Trade Unions (ACTU) is the peak national body representing workers in Australia. ...
November 2 is the 306th day of the year (307th in leap years) in the Gregorian Calendar, with 59 days remaining. ...
2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ...
The Australian Council of Trade Unions (ACTU) is the peak national body representing workers in Australia. ...
The week of action culminated on Friday 1 July 2005 with a "SkyChannel" meeting of union delegates and members organised by Unions NSW. The main part of the meeting was broadcast from Sydney with links to more than 200 locations around New South Wales. According to official figures from Unions NSW, over 103,500 attended the meetings, with the largest attendances being at being Sydney Town Hall (20,000), the Wollongong Entertainment Centre (6500), the Rooty Hill RSL (5000), Newcastle Panthers Club (4000). The meeting was followed by a large rally in Sydney and events in regional areas. One public opinion poll found 60 per cent of respondents were opposed to the industrial relations changes. July 1 is the 182nd day of the year (183rd in leap years) in the Gregorian Calendar, with 183 days remaining. ...
2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ...
The Labor Council of New South Wales is a representative body of Trade union organisations in the State of New South Wales, Australia. ...
Campaigning The ACTU's campaign (with an allocated $8 million) triggered a Government counter-campaign promoting the reforms. Stage one of the campaign preceded the release of the legislation and cost approximately $45.7 million (Hansard p1), including advertisements, information booklets and a call centre. A subsequent stage of the campaign has been announced.
The Government argues that such expenditure is normal procedure when introducing radical change, citing the example of the GST advertising.
The ALP, minor parties and the ACTU have attacked the advertising campaign, describing it as party advertising funded from general revenue. ACTU President Sharan Burrow has called the ads deceitful [3]. Sharan Burrow is the president of the Australian Council of Trade Unions. ...
The expenditure was challenged in the High Court of Australia by the Australian Labor Party and the Australian Council of Trade Unions, on the grounds that the expenditure was not approved by Parliament. On September 29, the High Court rejected this argument in a majority decision. [4] High Court entrance The High Court of Australia is the court of last resort for the jurisdiction of Australia. ...
The Australian Labor Party or ALP is Australias oldest political party. ...
The Australian Council of Trade Unions (ACTU) is the peak national body representing workers in Australia. ...
September 29 is the 272nd day of the year (273rd in leap years). ...
The Business Council of Australia is to spend approximately $6,000,000 supporting the laws[5] and the NSW government is spending approximately $300,000 opposing them.
National Day of Protest Wikinews has news related to this article: On 15 November 2005, the ACTU organised a national day of protest, during which the ACTU estimated 546,000 people took part in marches and protests in Australia's state capitals and other cities. [6]. The rallies were addressed by State premiers and religious leaders. Other notable Australians, including former Prime Minister Bob Hawke, also spoke in opposition to the industrial relations changes. John Howard said that the protests will not change his policy and employer groups estimated that 95% of the workforce did not attend. Image File history File links Wikinews-logo. ...
November 15 is the 319th day of the year (320th in leap years) in the Gregorian Calendar, with 46 days remaining. ...
2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ...
Trade union supporters rally at Federation Square in Melbourne. ...
Robert James Lee Hawke (born 9 December 1929), Australian trade union leader and politician, was the 23rd Prime Minister of Australia. ...
Significant proposed changes
Changing dismissal protection laws for some employees Employees of businesses employing up to 100 staff will not come under the protection of unfair dismissal laws, introduced by the Paul Keating Labor Government in 1993. Employees of larger businesses will not be protected if they are dismissed for 'bona fide operational' reasons. Paul John Keating (born 18 January 1944), Australian politician and 24th Prime Minister of Australia, came to prominence first as the reforming Treasurer in the Hawke government, then as the Prime Minister who pulled off an upset victory in the unwinnable election of 1993. ...
The Howard Government argues these laws have stifled business growth and meant less jobs. It argues up to 70,000 extra jobs will be created. This figure is much disputed. The Government also argues that unfair dimissal laws are open to abuse. In the alternative it has offered a payment of $4000 to people who have been unlawfully dismissed to help with legal costs.[7] An employee's grounds to dispute on the basis of unlawful dismissal are more narrowly restricted than to do so on the basis of unfair dismissal; these include grounds such as racial discrimination, family commitments and where the dismissal arose as retaliation for an employee's complaint. An African-American drinks out of a water fountain marked for colored in 1939 at a street car terminal in Oklahoma City. ...
Forcing all corporations into the Federal system All corporations will be forced into the new WorkChoices system, which the Howard Government argues is valid under the Constitution of Australia. The Howard Government is relying on the Corporations Powerlocated in Section 51(xx) as the entire basis of its new laws. This will replace the current system which mixes this power and that of Section 51(xxxv) which states that Commonwealth may make laws with respect to "conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State" The Constitution of Australia consists of a number of documents. ...
The Constitutional validity of this aspect of the WorkChoices laws will possibly be challenged in the High Court of Australia by the ACTU and ALP. Every state and territory of Australia currently has a Labor leader. High Court entrance The High Court of Australia is the court of last resort for the jurisdiction of Australia. ...
Scrapping the "No-disadvantage Test" for individual contracts Currently individual contracts known as Australian Workplace Agreements (AWAs) must pass the no-disadvantage test which means that when compared to the relevant award employees are not meant to theoretically be worse off. Under the proposed changes AWAs would only have to meet Fair Pay Commission standards, which is essentially the minimum wage in Australia. An Australian Workplace Agreement (AWA) is an individual contract on wages and working conditions between an employer and employee in Australia, under the Workplace Relations Act 1996. ...
Those who support the scrapping of the no-disadvantage test say that it is too complex and argue it will create more opportunities for unemployed people to have a job. The example of "Billy" was used in material supporting the Government's position.
Unions and other groups opposed to WorkChoices say that Billy is a perfect example of why the new laws are unfair and will lead to bosses exploiting their workers.[8]
Streamlined process for agreement certification Currently, enterprise bargaining agreements (EBAs, also known as certified agreements) must be lodged and certified in the Australian Industrial Relations Commission (AIRC). The proposed changes will transfer responsibility for overseeing the agreement certification process to the Office of the Employment Advocate, which will have some of its powers transferred to the Office of Workplace Services. Instead of appearing before a commissioner, parties to an EBA will only be required to make written submissions. The Australian Industrial Relations Commission (AIRC) is a tribunal established under the Workplace Relations Act 1996 (Cth). ...
This new process has been criticised by the those opposed to WorkChoices because it will give unions less opportunity to scrutinise and intervene in what they see to be unfairly-drafted EBAs. Its stated intention is to improve the turn-around time for EBA certifications.
Senate Inquiry An inquiry into the Workplace Relations Amendment (Work Choices) Bill 2005 was held by the Senate Employment, Workplace Relations and Education Committee, to which the Bill was referred once it was introduced into the House of Representatives. Australian Senate chamber Entrance to the Senate The Australian Senate is the upper of the two houses of the Parliament of Australia. ...
Five days were allowed for submissions to be made to the committee, with the closing date being 9 November. Five days of hearings are scheduled to be held at Parliament House in Canberra commencing 14 November, with the committee reporting to the Senate on 22 November.
This decision to have a rather short inquiry has been criticised by some people who claim that this is an attempt by the Government to avoid proper scrutiny of the Bill.[9]
As at November, the Senate has received more than 4,500 submissions, from which only 173 have been published on the website. [10] The committee has not individually acknowledged and published all submissions, due to the large number of submissions, at least partially caused by ACTU's campaign against WorkChoices, which included setting up a form on its website by which people could make a submission [11].
On November 14, the Senate Inquiry began its five-day hearing -- in which only a fraction of the submissions will be heard -- with the submissions of State and Territory Industrial Relations Ministers and representatives. The representatives were each allowed only seven minutes to address the Inquiry, during which they criticised the package as being unconstitutional and undermining the rights and conditions of workers. [12]
Debate and reaction The Howard Government argues that the reforms are the next necessary step in the deregulation of the Australian economy. Workplace Relations Minister Kevin Andrews recently stated that "We have seen 1.7 million extra jobs created in Australia, more than a 14% increase in real wages. Part of the reason for that is because of the reforms that we made in 1996."[13] The Government argues that employees will have more choice and flexibility and this in turn will lead to higher productivity.[14]
Unions, opposition parties and academics point out that there is no economic evidence to support the Government's claims that the changes will stimulate productivity and raise wages. They argue that WorkChoices offers a one-sided choice and flexibility firmly in favour of employers and that the régime will leave unskilled and marginalised workers worse off. The ACTU claims credit for real wage rises over the past decade and point out that the Government has opposed every increase to the minimum wage since its election; had the AIRC accepted the Government's Living Wage submissions, the minimum wage would be lower by more than $50 per week. They point to the fact that job applicants can be made to sign an AWA as a condition of employment, and that existing employees can be unreasonably pressured into signing the contracts through unrestricted employer lockouts. Some have argued that the laws may be in contravention of ILO Convention No. 98 in that they place restrictions on collective bargaining and organisation: Australia is the only country in the OECD in which there is no protected right to collective bargaining. The term lockout has the following uses: Lockout (industry) is a work stoppage in which an employer prevents some or all employees from working, even to the extent closing the business. ...
On November 16, 2005, a statement criticising the changes was issued by a group of 151 academics, drawn from the fields of economics, law, business and industrial relations studies. In the statement, the group indicated that they "...share grave concerns about the historic and far-reaching changes now proposed for Australia's workplace relations and their potential effects upon Australian workplaces, workers, and our larger society and economy." With regards to the Government's claims that the changes would serve to promote and improve productivity, employment and the general economy, the group noted: "These assumptions, while repeatedly asserted, are not supported by evidence, and are contradicted by much of the empirical evidence that is available." In a separate address made the same day to the National Press Club, Sydney University professor of industrial law Ron McCallum also heavily criticised the Bill, describing some of its clauses as "absurd", and maintaining that the "extraordinary re-regulation" went much further than regulations in all comparable countries towards restricting union negotiation rights and controlling collective bargaining processes [15]. November 16 is the 320th day of the year (321st in leap years) in the Gregorian Calendar, with 45 days remaining. ...
2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ...
The University of Sydney The University of Sydney, established in 1850, is the oldest university in Australia, and it is located in Sydney, the capital city of the state of New South Wales. ...
Both sides of the debate on WorkChoices agree that industrial relations will be a major issue at the next Federal election.
See also The Australian Council of Trade Unions (ACTU) is the peak national body representing workers in Australia. ...
The Australian Industrial Relations Commission (AIRC) is a tribunal established under the Workplace Relations Act 1996 (Cth). ...
Eight-hour day banner, Melbourne, 1856 University of Melbourne site where Stonemasons won the 8 hour day in 1856 The history of the Australian labour movement reaches back to the 19th century and the movement has a long tradition of organised unions of workers and links to political activity. ...
Section 51(xx) of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to foreign corporations, and trading for financial corporations formed within the limits of the Commonwealth. This power has become known as the...
The Constitution of Australia consists of a number of documents. ...
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