Fair Work Amendment (Bargaining Processes) Bill 2014

Friday 28 November 2014 @ 1.05 p.m. | Industrial Law

The Fair Work Amendment (Bargaining Processes) Bill 2014 has been introduced into Federal Parliament with amendments that would see the Fair Work Act 2009 (Cth) (FWA)amended to implement elements of The Coalition’s Policy to Improve the Fair Work Laws. If passed, the bill will also give effect to the Government’s commitment to promote harmonious, sensible and productive enterprise bargaining.

Amendments Contained in the Bill

The Bill will amend Part 2-4 of the FWA to provide a new additional approval requirement for enterprise agreements that are not greenfield agreements (agreements between unions and employers, that does not yet have employees). Under the new requirement, the Fair Work Commission must be satisfied that productivity improvements at the workplace were discussed during bargaining for the agreement. The Bill will not have any effect on current enterprise agreement approval requirements as set out in the FWA.

 The Bill will also amend the FWA to provide further guidance and ensure greater transparency regarding the circumstances in which the Commission can make a protected action ballot order. Under the amendment, the Commission must have regard to a range of non-exhaustive factors to guide its assessment on whether an applicant for a protected action ballot order is genuinely trying to reach an agreement. Furthermore, the Commission must also be satisfied that the claims of an applicant for which a protection action ballot order is sought, are not excessive or would have a significant adverse effect on productivity in the workplace. Essentially, this would allow the Commission to root out frivolous claims that would otherwise be a waste of time.

Essentially, the Bill will attempt to promote sensible, harmonious and productive enterprise bargaining and will ensure that industrial actions are not the first-resort step in negotiations for an agreement. It will allow the Fair Work Commission to intervene where industrial action is pursued to support claims that are manifestly excessive. And finally, it will put productivity back on the agenda in enterprise agreement negotiations.

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Sources:

 Fair Work Amendment (Bargaining Processes) Bill 2014 as reproduced on TimeBase LawOne

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