Australian Industry Group Opposes Proposed Changes to Fair Work Act

The Fair Work Amendment Bill 2013, which was referred to the House of Representatives Standing Committee on Education and Employment for an inquiry and report was in the spotlight at a public hearing held yesterday.

In the course of submissions, the Australian Industry Group (Group) presented their view to the committee, strongly arguing against a number of the proposed changes to Fair Work Act (FW Act). The Group asserted that not only were concerns with the existing FW Act identified by an employer-led Review Panel ignored, but that the Bill expanded employee and union entitlements (eg union right of entry, award rates, parental leave, etc) without seeking to balance the concerns of employers. The Group’s presentation echoed their written submission, which considers in detail the Group’s position on the amendments. The Group opposes most of the proposed amendments, including the following:

Family friendly measures

Opposed:

• Expanded access to the right to request flexible working arrangements. Provisions requiring employers to consult with employees about changes to regular rosters or ordinary work hours that may affect family responsibilities and providing for pregnant employees to transfer to a safe job regardless of their period of service.

Not opposed:

• Special maternity leave which would allow pregnant women to take unpaid maternity leave due to pregnancy-related illness.

• Expanded entitlement to unpaid parental leave.

Amendments to require the Fair Work Commission to take into account the need to provide additional remuneration for certain employees

Opposed:

• The insertion of a new element into the modern awards objective requiring the Fair Work Commission to consider, when making or varying a modern award, the need to provide additional remuneration for employees working overtime, unsocial, irregular or unpredictable hours, weekends, public holidays, or shift work.

Anti-Bullying Measures

Opposed:

• An amendment that would enable an employee who is bullied at work to apply to the FWC for an order to stop the bullying.

Right of Entry

Opposed:

• The establishment a framework in which permit holders may enter premises for investigation and discussion purposes.

It is envisaged that most of the provisions of the Amendment Bill will take effect on 1 January 2014, except for the new bullying jurisdiction of the Fair Work Commission, and most of the family-friendly measures, which would take effect on a date to be proclaimed. The Government has indicated previously that it intends the new anti-bullying provisions to operate from 1 July 2013.

Submissions to the Committee closed 18 April 2013; however, in light of the limited number of sitting days remaining in the current Parliament, there is significant uncertainty as to whether the Amendment Bill will be passed prior to the Federal Election scheduled on 14 September 2013.

Further information about the Inquiry is available here.

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