Restricting rights 508 FWC can restrict rights in cases of misuse, but only on its own Employers should have standing BALANCE initiative or on application by an inspector. This limits the to apply for orders about misuse effectiveness of the provision where FWC and FWO are not of rights of entry. involved in a right of entry dispute. Revoking or 510 This provision sets out the circumstances where a permit Remove the or BALANCE ‘harsh suspending permits holder should no longer have the privilege of right of entry. unreasonable’ exception. The circumstances are serious: they largely involve unlawful conduct. It is in the public interest that these rules not be watered down by FWC discretion. Accommodation and Div 7, Part New requirements for employers to provide unions with Remove obligations for BARRIER travel 3-4 accommodation and travel in remote areas are extraordinary in employers to provide travel and the sense that they amount to forced contractual arrangements accommodation to unions in or put another way statutory trespass. Employers have the remote areas. Employers should – – right to control their premises and to exclude persons from not bear any costs associated with them, as they bear all the risk, including in relation to WHS union travel to their workplace. and public liability. Stand down Definition 524(1) of work are covered in many instances Extend definition to cover other BARRIER Only ‘stoppages’ – there will be a disruption to work preventing a section of disruptions to work beyond the employees from working, despite other work continuing at the control of the employer resulting business. in no work for the employee concerned. Standing 526(3) There is no capacity for employers to apply to FWC to deal Employers should have capacity RED TAPE with a dispute over stand down. to apply. Notice and consultation Notification to 530 The case for notifying Centrelink of redundancies has not The requirement should be RED TAPE Centrelink been revisited for some time. This is a largely procedural removed or reviewed. Modern requirement of questionable value, triggering power to awards already require FWC’s prevent dismissal. consultation. Notification to unions 531 The requirement to notify relevant unions also requires The requirement should be RED TAPE review. It creates practical compliance difficulties where removed or reviewed. Modern employers do not know which employees are union members. awards already require consultation.
Restricting rights 508 FWC can restrict rights in cases of misuse, but only on its own initiative or on application by an inspector. This limits the effectiveness of the provision where FWC and FWO are not involved in a right of entry dispute. Employers should have standing to apply for orders about misuse of rights of entry. BALANCE Revoking or suspending permits 510 This provision sets out the circumstances where a permit holder should no longer have the privilege of right of entry. The circumstances are serious: they largely involve unlawful conduct. It is in the public interest that these rules not be watered down by FWC discretion. Remove the ‘harsh or unreasonable’ exception. BALANCE Accommodation and travel Div 7, Part 3-4 New requirements for employers to provide unions with accommodation and travel in remote areas are extraordinary in the sense that they amount to forced contractual arrangements – or put another way – statutory trespass. Employers have the right to control their premises and to exclude persons from them, as they bear all the risk, including in relation to WHS and public liability. Remove obligations for employers to provide travel and accommodation to unions in remote areas. Employers should not bear any costs associated with union travel to their workplace. BARRIER Stand down Definition 524(1) Only ‘stoppages’ of work are covered – in many instances there will be a disruption to work preventing a section of employees from working, despite other work continuing at the business. Extend definition to cover other disruptions to work beyond the control of the employer resulting in no work for the employee concerned. BARRIER Standing 526(3) There is no capacity for employers to apply to FWC to deal with a dispute over stand down. Employers should have capacity to apply. RED TAPE Notice and consultation Notification to Centrelink 530 The case for notifying Centrelink of redundancies has not been revisited for some time. This is a largely procedural requirement of questionable value, triggering FWC’s power to prevent dismissal. The requirement should be removed or reviewed. Modern awards already require consultation. RED TAPE Notification to unions 531 The requirement to notify relevant unions also requires review. It creates practical compliance difficulties where employers do not know which employees are union members. The requirement should be removed or reviewed. Modern awards already require consultation. RED TAPE