disrupting workplace culture and relationships as third parties become more active in workplaces, and the rise of adverse action threats is undermining trust and confidence making it more difficult to take on people who face employment barriers because of the resistance to more diverse forms of employment extending the time it takes for businesses to implement fundamental decisions increasing business costs. This experience shows that, as with any new piece of significant legislation, there is a need to evaluate experience of operation to ensure it allows ongoing adaptation. On that basis, it is clear that some important improvements can be made to the Fair Work Act. Other submissions to the review may well seek to trivialise the consequences of employer issues with the Fair Work Act and portray business as simply its own ‘wanting way’. The reality is that issues go to Australia’s capacity to protect and grow the economy. Their consequences are being felt increasingly by individual Australians. This is a time in our nation’s history when we need to facilitate the greatest possible speed of adjustment to take account of new conditions. What can be done? Summary of proposed amendments In this submission, Business Council member companies have identified provisions which are being used, frequently in combination, to undermine competitiveness, impede productivity and job creation, and add unnecessary delays and costs to doing business. Our recommended amendments are grouped around specific areas of the Fair Work Act. They seek to identify provisions or decisions that are supporting this behaviour and suggested changes that would prevent the Act being used in this way. Bargaining processes: amendments to improve the validity and efficiency of bargaining processes establish more robust bases of establishing majority support for bargaining, allow this support to be tested when negotiations are lengthy and unproductive; make them a precondition for protected action reduce the range of matters upon which bargaining can occur, and specifically make unlawful those clauses that restrict the use of, or regulate the payments to, contractors prevent late of bargaining representatives to the bargaining process, other than in exceptional circumstances ensure that the scope of bargaining relates only to the classes of employees with whom the employer has agreed to bargain. Flexibility arrangements: amendments to strengthen flexibility arrangements for both individuals and employers, and remove the capacity to restrict the use of contractors mandate the agreed individual flexibility model clause make unlawful those clauses that restrict the use of, or regulate the payments to, contractors.
disrupting workplace culture and relationships as third parties become more active in workplaces, and the rise of adverse action threats is undermining trust and confidence making it more difficult to take on people who face employment barriers because of the resistance to more diverse forms of employment extending the time it takes for businesses to implement fundamental decisions increasing business costs. This experience shows that, as with any new piece of significant legislation, there is a need to evaluate experience of operation to ensure it allows ongoing adaptation. On that basis, it is clear that some important improvements can be made to the Fair Work Act. Other submissions to the review may well seek to trivialise the consequences of employer issues with the Fair Work Act and portray business as simply ‘wanting its own way’. The reality is that issues go to Australia’s capacity to protect and grow the economy. Their consequences are being felt increasingly by individual Australians. This is a time in our nation’s history when we need to facilitate the greatest possible speed of adjustment to take account of new conditions. What can be done? Summary of proposed amendments In this submission, Business Council member companies have identified provisions which are being used, frequently in combination, to undermine competitiveness, impede productivity and job creation, and add unnecessary delays and costs to doing business. Our recommended amendments are grouped around specific areas of the Fair Work Act. They seek to identify provisions or decisions that are supporting this behaviour and suggested changes that would prevent the Act being used in this way. Bargaining processes: amendments to improve the validity and efficiency of bargaining processes establish more robust bases of establishing majority support for bargaining, allow this support to be tested when negotiations are lengthy and unproductive; make them a precondition for protected action reduce the range of matters upon which bargaining can occur, and specifically make unlawful those clauses that restrict the use of, or regulate the payments to, contractors prevent late of bargaining representatives to the bargaining process, other than in exceptional circumstances ensure that the scope of bargaining relates only to the classes of employees with whom the employer has agreed to bargain. Flexibility arrangements: amendments to strengthen flexibility arrangements for both individuals and employers, and remove the capacity to restrict the use of contractors mandate the agreed individual flexibility model clause make unlawful those clauses that restrict the use of, or regulate the payments to, contractors.
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