My Shopping Cart
Select a CCI Service
CCI Home
25 July 2008 WorkChoices
Local Time : 10:31 PM
Text Size +
Text Size -
Email
WorkChoices

WorkChoices has brought about the most wide-spread reform to Australia's industrial relations system in more than 100 years.

The following information has been prepared by CCI's Employee Relations Division. You'll need to login to access the information sheets. If you don't know your login details, please contact CCI Member Services on 9365 7555.

If you have any queries regarding WorkChoices or how CCI can help your business, please contact the CCI Business Advice Centre on 9365 7660 or email advice@cciwa.com.

 

Click here to access to the Government's official WorkChoices website.



Find:
Type in keywords (using AND/OR/NOT) or a phrase to find relevant information.

IMPACT OF INDUSTRIAL RELATIONS LEGISLATION - "WORKCHOICES" - CHANGES ON AWARDS

The Federal Government's Workplace Relations Reform legislation, to establish a new Australian workplace relations system called "WorkChoices", commences from Monday 27 March 2006.

The WorkChoices law applies to the vast majority of employers in the country.

If you are bound by state or federal industrial awards it is important that you understand that the nation's industrial award system will undergo significant change from the time of commencement of this new legislation.

The PDFs below outlines these changes.

 Click here to download Award information relating to WorkChoices as a PDF.
 Click here to download the information on records relating to employees and pay slips as a PDF.


The Federal Government's Workplace Relations Reform legislation will, by the end of this year, establish a new Australian workplace relations system called 'WorkChoices'.  These new laws are then expected to operate in early 2006.

The WorkChoices laws will apply to the vast majority of Australian employers.

WorkChoices will cover up to 85 per cent of employees across Australia, primarily, those employed by constitutional corporations.

Constitutional corporations are financial, trading and foreign corporations. This includes companies and incorporated businesses.

The majority of business are constitutional corporations.  If you're not sure whether your business is a constitutional corporation please call CCI's Business Advice Centre on 9365 7660 or email: advice@cciwa.com.

Employers and employees covered by the WorkChoices laws will not be regulated by WA employment laws, except for occupational health and safety, workers' compensation, trading hours, setting of public holidays and long service leave.

Employers that are not constitutional corporations - including unincorporated businesses in the State system and some State Government employees - will (where they are not already covered by federal awards or agreements) remain in the WA industrial relations system.

After a five year transitional period, non-constitutional corporations that are in the WorkChoices system (ie, non-constitutional corporations already covered by federal Awards or agreements), will revert to the State IR system unless they have become incorporated.

Businesses that are non-constitutional corporations can become incorporated at any time and they will then be covered by the federal 'WorkChoices' system of workplace relations.

 Click here to download WorkChoices as a PDF (212KB).

| TOP
The Fair Pay Commission


The Government will establish the Australian Fair Pay Commission (the 'AFPC') to set and adjust the minimum wage as well as minimum wages for award classifications, juniors, trainees/apprentices and employees with disabilities, piece workers and casual loadings. Award wages cannot fall below t...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
The Fair Pay and Conditions Standard


The Government will enshrine the following minimum conditions in legislation:  Hours = Maximum ordinary hours of 38 Annual Leave = 4 weeks paid Personal/Carer's Leave/Sick Leave = 10 days paid after 12 months (pro rata if less service) plus 2 days unpaid for carer'...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Agreements


A lodgement-only system for all agreements will be introduced. A statutory declaration stating the agreement was negotiated in compliance with the law will need to be lodged with the agreement. This will replace the current certification or approval processes for all agreements. All agreements...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Award Conditions in Bargaining


All award conditions are open to bargaining; however, the following award conditions can only be modified or removed by specific provisions in the new Agreement: public holidays rest breaks (including meal breaks) incentive-based payments and bonuses annual leave loadings allowances pena...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Mandatory Content


Agreements will need to include a nominal expiry date (a maximum of five years) and a dispute settling procedure (DSP). A model DSP will be included in the new legislation....

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Prohibited Content


The following matters cannot be included in agreements: prohibiting AWAs restricting the use of independent contractors or on-hire arrangements allowing for industrial action during the term of an Agreement that provide for trade union training leave, bargaining fees to trade unions or p...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Existing Agreements


A State or Federal Agreement in place at the commencement of WorkChoices laws will continue to operate beyond its nominal expiry date until terminated or replaced.  These old agreements may be terminated after their nominal expiry date using the termination provisions which currently apply. ...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Effect of Agreements


AWAs will exclude both collective agreements (union and employee) and awards Collective Agreements will exclude awards, but will not be able to exclude AWAs The Fair Pay and Conditions Standard will apply throughout the life of an Agreement made under WorkChoices....

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Industrial Action


The right to lawful industrial action when negotiating a new Agreement will continue to be protected. The Australian Industrial Relations Commission (the AIRC) will retain its power to issue orders to prevent or stop unprotected industrial action.  However, the new legislation will requir...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Awards


Under WorkChoices federal awards will continue and employees not covered by agreements will continue to work under their awards.  However, State awards will be deemed to be transitional federal agreements for all constitutional corporations. Under WorkChoices, long service leave, superann...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Non-Allowable Matters


The legislation will clarify a number of non-allowable award matters.  Skilled-based career paths - 'skill-based career paths' will be removed from the list of allowable award matters.  However, since skill-based career paths are usually linked to classification structures, they wi...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Award rationalisation and simplification


The next stage of award simplification will require the amendment of awards in the new workplace relations system to reflect the requirements of the legislation. The Government will establish an Award Review Taskforce to consider how award rationalisation (fewer federal awards) can best be coordinat...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Transmission


Transmission of business occurs when an existing business is sold to another business, either in part or in its entirety.  In future, where a business or part of a business transmits to a new employer, if no employee accepts employment with the new employer, the awards or agreements will ...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
The Australian Industrial Relations Commission


The Government wants employers and employees to resolve disputes between themselves.  Where this fails they can choose whether to use the AIRC or some alternative. The Government will: include a model DSP in the legislation to use when resolving their workplace disputes.  The model...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Unions


Union officials currently have enforcement capacities under the WR Act where their union is bound to an agreement or award, where they represent members who have been subject to breaches, or as parties affected in their own right. Unions will maintain the capacity to commence enforcement proce...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Union Right of Entry


Proposed changes will: tighten the requirements for the granting of an entry permit, including introducing a 'fit and proper person' test exclude State right of entry laws. make it clear there is no right of entry for discussion purposes where all employees are on AWAs only allow entry...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
State Unions


State registered unions will be granted transitional status as a registered federal organisation.  They will then be required to bring themselves into compliance with the WR Act and to seek full registration within three years. A State registered organisation will not be able to seek full...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Unfair Dismissal


The WorkChoices laws will exempt businesses with up to, an including, 100 employees from unfair dismissal laws. The 100 employee threshold is a head count and includes part-time employees and regular casuals with at least 12 months employment. For businesses with over 100 employees, empl...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Unlawful termination


For all businesses, it will continue to be unlawful to terminate an employee's employment on the following grounds: temporary absence from work because of illness or injury trade union membership or participation in trade union activities non-membership of a trade union seeking office ...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Transitional arrangements - Constitutional Corporations Currently in the WA System


All constitutional corporations currently covered by the WA industrial relations system will move into the WorkChoices system, the new federal system. The state awards and agreements that applied to these employers will, under the WorkChoices system, become 'transitional federal agreements'. S...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Non-Constitutional Corporations currently in the Federal System


There will be a separate transitional system where the employer is not a constitutional corporation but is currently in the federal system. The transitional system will operate for five years. This arrangement will provide employers that are unincorporated businesses currently in the fed...

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Non-Constitutional Corporations currently in the WA system only


Employers that are non-constitutional corporations that do not have any federal awards or agreements will remain in the WA industrial relations system. These businesses, if they become constitutional corporations in the future, will then be covered by the federal 'WorkChoices' system....

Member and/or subscriber access only. Call (08) 9365 7455 for password help or click here to login.
| TOP
Site Search
My CCI Account
CCI Memebrship Quicklinks
Latest News Upcoming Events

Vivid Group