Wednesday, 7 May 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 Adelaide Chartered Accountants Business Forum today.  
 
“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 WorkChoices. The additional areas to be covered by these Standards include public holidays, termination and redundancy, long service leave, compassionate and careers leave and the introduction of flexible arrangements for parents of children five or under.”  
 
“This will allow parents of pre-school aged children to be able to request flexible work arrangements, where practical. In addition, both parents will have the right to separate periods of 12 months’ unpaid leave for parental leave, with an additional 12 months’ leave, if requested,” said Mr Miller. 
 
Collective agreements between employers and either unions or their employees will remain an important feature of workplace arrangements and will continue the more streamlined approval and lodgement process introduced by WorkChoices. 
 
The Australian Industrial Relations Commission has been tasked with modernising and simplifying the 4000+ State and Federal Awards currently in place, by 1 January 2010. 
 
These “modernised” awards will feature 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 the AWAs (already achieved) although companies with AWAs in place will be able to use the new Individual Transition Employment Agreements (ITEA).”  
 
“In addition, the forthcoming substantive legislation will remove the bar currently experienced by over 60 per cent of employees to access the unfair dismissal process. Under WorkChoices, no employee in a business with fewer than 100 people is able to complain about an unfair dismissal. This bar will be removed and together with the proposed introduction of a “Fair Dismissal Code” will create new dismissal guidelines for both employee and employer. Access to the jurisdiction will be available to every employee, other than those serving a qualifying period (six months), and non-award employees who earn in excess of $101,300.” Mr Miller added.  
 
The South Australian Chartered Accountants Business Forum runs until Friday.