08
POLICY
Policy at a glance A wrap-up of recent case law decisions and policy activity by AMMA executive director, industry, Minna Knight.
MINNA KNIGHT
Fair Work Act Review
Super changes
The three-member Fair Work Act Review Panel has handed down 53 recommendations for changes to the IR legislation. The overwhelming response from the business community is that there is no meaningful reform contained within the recommendations and that some of the recommendations are hostile to employers’ interests.
Several important changes have taken effect to Australia’s superannuation landscape. Tax on contributions for those earning more than $300,000 per annum has doubled to 30 per cent; over 50-year-olds can now only contribute the same as under-50s on a tax concessional basis ($25,000); and directors’ liabilities have been extended to include a company’s unpaid superannuation contributions on behalf of employees.
ADJ Contracting outcomes The Federal Court has dismissed an appeal against Fair Work Australia’s (FWA’s) approval of clauses in an agreement between ADJ Contracting Pty Ltd and the ETU covering the Victorian electrical contracting industry. AMMA intervened due to the inclusion of terms and conditions that have nothing to do with increasing productivity or what’s best for the enterprise, but which are aimed at entrenching unions’ stronghold in the workplace. The result is very concerning for industry.
Construction laws Legislation reforming the industrial regulation of the building and construction industry has now taken effect, with the Australian Building and Construction Commission renamed to Fair Work Building and Construction and the Building and Construction Industry Improvement Act 2005 changed to the Fair Work (Building Industry) Act 2012, complete with reduced compliance powers.
Picketing in good faith? The Toll Transport Pty Ltd versus National Union of Workers decision failed to acknowledge that an unlawful picket that occurred onsite during enterprise agreement negotiations was undermining collective bargaining. While Toll received an interim order from the Victorian Supreme Court, the decision questions whether employers can apply to FWA for bargaining orders in response to stop this kind of unlawful behaviour.
Victorian project guidelines All contractors undertaking Victorian Government-funded building and construction projects and subsequent privately funded projects must now comply with the Victorian Code of Practice for the Building and Construction Industry and the Victorian Implementation Guidelines to the Code of Practice for the Building and Construction Industry.
FIFO inquiry The House of Representatives inquiry investigating issues associated with fly-in, fly-out (FIFO) workplace arrangements will shortly make its recommendations. These could include the need for extra government funding to support regional communities and/or incentives to entice relocation to remote areas for work.
Endeavour drug case In the Endeavour Energy case, a full bench of FWA has found the employer cannot implement the drug and alcohol testing procedures of its choice.
www.amma.org.au | Spring 2012 |
OHS harmonisation The harmonisation of various OHS jurisdictions continues, with the Commonwealth, NSW, Queensland, the NT and the ACT having implemented their harmonised laws on 1 January 2012. Victoria is not participating in harmonisation at this stage; while the remaining states will implement their versions of the model Work Health and Safety Act within twelve months.
Shipping regulation review The Navigation Bill 2012 has passed federal parliament and aims to provide for the regulation of international ship and seafarer safety, employment conditions for Australian seafarers and shipboard aspects of protection of the marine environment.
No free hospitality for strikers Employer Mammoet Australia achieved a favourable outcome from the Federal Court when it ruled striking workers were not entitled to be housed in onsite accommodation. However this case is a shallow victory given proposed amendments to the Fair Work Act by the government’s review panel would ultimately reverse this decision.
Qantas dispute outcome FWA has handed down a much-anticipated workplace determination binding on Qantas, Q Catering, the Transport Workers Union and approximately 4,000 ground staff to end the ongoing dispute. FWA balanced the interests of both parties, accepting that Qantas faced significant competitive pressures and needed to implement cost savings in order to respond.
Concession orders win The Federal Court has overturned bargaining orders made by FWA that would have gone further than the Fair Work Act’s good faith bargaining principles allowed by forcing the employer to make concessions during bargaining. The decision upheld the tribunal’s finding that Endeavour Coal Pty Ltd was engaged in ‘surface bargaining’ with APESMA and reaffirms that employers cannot be forced to make concessions during bargaining.
Education for illegal hires AMMA has encouraged greater education and awareness of the current penalties and sanctions against employers who illegally hire non-citizens, as a key recommendation in its submission to the Federal Department of Immigration and Citizenship on the Migration Amendment (Reform of Employer Sanctions) Bill 2012.