Tuesday, 22 April 2008 
 
 
The Labor government's industrial relations policy ‘Forward with Fairness’ continues many of the features introduced under WorkChoices, but with more ‘fairness and flexibility’ for families said David Miller, Legal Counsel, Workplace Relations, Australian Industry Group at the Brisbane Chartered Accountants Business Forum yesterday. 
 
“Forward with Fairness, which is to be introduced in stages includes 10 National Employment Standards, yet to be fully developed, that build on the Australian Fair Pay and Conditions Standards introduced by Work Choices. The additional areas to be covered by these Standards include public holidays, termination and redundancy and the introduction of flexible arrangements for parents of children under five,” said Mr Miller. 
 
This will allow parents of children under five to be able to request flexible work arrangements, where practicable. In addition, both parents have the right to separate periods of 12 months’ unpaid leave for parental leave, with an additional 12 months’ leave, if requested.  
 
Collective agreements between employers and either unions or their employees will remain an important feature of workplace arrangements and will continue the more streamlined approach introduced by WorkChoices.  
 
The Australian Industrial Relations Commission (AIRC) has been tasked with modernising and simplifying the 4000+ State and Federal Awards currently in place, by Tuesday, 1 January 2010.  
 
These ‘modernised’ awards will include 10 allowable matters, which together with the 10 National Employment Standards will form the base of the Labor Party's vision for employment in Australia.  
 
Major changes to WorkChoices include the abolition of AWAs (already achieved) although companies with AWAs in place will be able to use the new Individual Transitional Employment Agreements (ITEA). The ability to make those agreements with the work place rather than seeking certification through the Commission will also remain. 
 
In addition, the forthcoming substantive legislation will remove the bar currently experienced by many employees to access the unfair dismissal process. Under WorkChoices, no employee in a business with fewer than 100 people was able to complain about an unfair dismissal; this has been removed together with the proposed introduction of a ‘Fair Dismissal Code’ that will set out new dismissal guidelines for both employer and employee.