The extent to which this has occurred varies there is little consistency in the modern – award system in level of prescription, nor in the extent to which they contemplate diversity of implementation some are good some others less so, and this disparity does not arise – from the differences in industry. Third, employees and employers can enter individual flexibility arrangements. Individual flexibility arrangements do not provide an adequate mechanism for providing flexible working arrangements. Both employers and employees are dissuaded from entering them because of the capacity of a party to terminate unilaterally on written advice providing not more than 28 days’ notice [s 145(4)(a)] and the term in the standard clause precluding an IFA as a term of employment. The capacity to bargain their terms means that significant bargaining time can be spent on them, usually resulting in reduced coverage. Fourth, business flexibility is also affected by other statutory rights which are provided by the Fair Work legislation. Obvious examples of this are restrictions on termination of employment provided by Part 3-2 and protection of rights under Part 3-3. To avoid misunderstanding it should be noted that NSWBC/ABI, and their members, accept that vulnerable employees should be protected from arbitrary termination, and they do not propose exempting classes of employer. The broad capacity to bring or threaten actions under part 3-3, the costs of formal (and informal) defence, and the uncertainty of outcome impacts both performance management and flexibility detrimentally and disproportionately. The importance of flexibility is also with further below. Section 3(a) provides as a part object of the that it provide the framework in Fair Work Act a way which takes account of Australia’s international labour obligations. There is no reason to suppose that the Fair Work legislation breaches international labour obligations nor that amendments to the legislation would have that effect. In the face of a specific
The extent to which this has occurred varies – there is little consistency in the modern award system in level of prescription, nor in the extent to which they contemplate diversity of implementation – some are good some others less so, and this disparity does not arise from the differences in industry. Third, employees and employers can enter individual flexibility arrangements. Individual flexibility arrangements do not provide an adequate mechanism for providing flexible working arrangements. Both employers and employees are dissuaded from entering them because of the capacity of a party to terminate unilaterally on written advice providing not more than 28 days’ notice [s 145(4)(a)] and the term in the standard clause precluding an IFA as a term of employment. The capacity to bargain their terms means that significant bargaining time can be spent on them, usually resulting in reduced coverage. Fourth, business flexibility is also affected by other statutory rights which are provided by the Fair Work legislation. Obvious examples of this are restrictions on termination of employment provided by Part 3-2 and protection of rights under Part 3-3. To avoid misunderstanding it should be noted that NSWBC/ABI, and their members, accept that vulnerable employees should be protected from arbitrary termination, and they do not propose exempting classes of employer. The broad capacity to bring or threaten actions under part 3-3, the costs of formal (and informal) defence, and the uncertainty of outcome impacts both performance management and flexibility detrimentally and disproportionately. The importance of flexibility is also with further below. Section 3(a) provides as a part object of the Fair Work Act that it provide the framework in a way which takes account of Australia’s international labour obligations. There is no reason to suppose that the Fair Work legislation breaches international labour obligations nor that amendments to the legislation would have that effect. In the face of a specific
nswbusinesschamberandaustralianbusinessindustrial.docx