"WorkChoices: A new workplace relations system": WorkChoices logo from the Federal Government's advertising campaign.

The Workplace Relations Act 1996, as amended by the Workplace Relations Amendment Act 2005, or WorkChoices, which came into effect in March 2006, is the most comprehensive change to industrial relations in Australia in over a century. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. The field of industrial relations (also called labor relations) looks at the relationship between Management and workers particularly groups of workers represented For a topic outline on this subject see List of basic Australia topics. In 1904 the Conciliation and Arbitration Act was passed mandating "Conciliation and Arbitration for the Prevention and Settlement of Industrial Disputes extending beyond the Limits of any one State". The Conciliation and Arbitration Act 1904 was an Australian Commonwealth Government Act "relating to Conciliation and Arbitration for the Conciliation is an Alternative dispute resolution (ADR process whereby the parties to a dispute (including future interest disputes agree to utilize the services of a conciliator Arbitration, a form of Alternative dispute resolution (ADR is a legal technique for the resolution of Disputes outside the Courts wherein the

The WorkChoices changes were intended to improve employment levels and national economic performance. They attempted to achieve this by altering unfair dismissal laws, removing the "no disadvantage test", and making it possible for workers to submit their certified agreements directly to Workplace Authority rather than going through the Australian Industrial Relations Commission. The Workplace Authority is an Australian Federal Government statutory agency that commenced operations on 1 July 2007 replacing and expanding on the role of the Office of the Employment The Australian Industrial Relations Commission, or AIRC (known from 1956 to 1973 as the Commonwealth Conciliation and Arbitration Commission, and from 1973 to 1988 as the There were also clauses in WorkChoices that made it harder for workers to strike, made it easier for employers to force their employees onto individual workplace agreements rather than collective agreements, and banning clauses from workplace agreements which supported trade unions. A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming

When it was tabled in the Parliament, there was some controversy from the Opposition that the Bill was passed too quickly and that not enough copies of the bill had been given to the Opposition to read. ^[1]

Employer groups such as the Business Council of Australia and the Australian Chamber of Commerce and Industry have indicated that they support WorkChoices, but over half of those polled by an AC Nielsen poll in 2007 indicated that they opposed WorkChoices. The Business Council of Australia (BCA is an Employers' organization, which represents the Chief executives of approximately 100 large Australian Corporations The ACCI is the ongoing amalgamation of the nation’s leading federal business organisations - Australian Chamber of Commerce the Associated Chamber of Manufactures of Australia the Australian ^[2] The Australian labour movement, represented by the Australian Council of Trade Unions and its political counterpart, the Australian Labor Party (ALP) have promoted opposition to WorkChoices. The Australian labour movement has its origins in the early 19th century and includes both Trade unions and political activity. Template talkInfobox Union for usage --> The Australian Council of Trade Unions ( ACTU) is the largest An advertising/activism campaign was organised by the ACTU against WorkChoices, which included days of protest. The government funded an advertising campaign for WorkChoices which was criticised by the federal opposition and challenged in the High Court. The state governments of Australia (all of which were Labor at the time) challenged the legality of the Commonwealth using the Corporations Act to implement WorkChoices in the High Court, but were ruled against. New South Wales v Commonwealth New South Wales & Ors v Commonwealth is a High Court of Australia case that challenged the constitutional validity of the federal The Corporations Act 2001 (Cth, sometimes referred to just as the Corporations Act (or informally as the 'Corps' Act is an act of the Commonwealth of Australia that sets out

WorkChoices was not a 2004 election policy^[3], however following the 2004 federal election, the Liberal-National coalition gained a majority in both houses of parliament, and amendments were introduced into the House of Representatives on 2 November 2005. Federal elections were held in Australia on 9 October, 2004. All 150 seats in the House of Representatives and 40 seats in the 76-member The Liberal Party of Australia is an Australian political party. The National Party of Australia is an Australian political party. The Coalition in Australian politics refers to a pragmatic grouping of Centre-right parties that has existed in the form of a coalition agreement since 1922 The House of Representatives is one of the two houses (chambers of the Parliament of Australia; it is the Lower house, the Upper house being the Senate Events 1570 - A Tidal wave in the North Sea devastates the coast from Holland to Jutland, killing more than 1000 Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. ^[4] A senate inquiry was held into the Bill from 14 November 2005 to 22 November 2005. Events 1533 - Conquistadors from Spain under the leadership of Francisco Pizarro arrive in Cajamarca, Inca Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. Events 498 - Kofi Aseidu- After the death of Anastasius II, Symmachus is elected Pope in the Lateran Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. The length of this was criticised by the Opposition as being too short. ^[5] A survey by the Workplace Authority found that although most AWAs removed some leave loadings, this was also accompanied by a wage rise in most cases. ^[6] WorkChoices was accepted by the Senate on 2 December 2005. The Senate is the upper of the two houses of the Parliament of Australia. Events 1409 - The University of Leipzig opens 1755 - The second Eddystone Lighthouse is destroyed by fire Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. ^[4] The primary changes came into effect on 27 March 2006. Events 196 BC - Ptolemy V ascends to the throne of Egypt. 1309 - Pope Clement V excommunicates Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar.

WorkChoices was prominent issue in the defeat of the centre-right Howard Liberal government at the 2007 federal election. The centre-right is a political term commonly used to describe or denote individuals political parties or organizations (such as Think tanks whose views See also Howard Government John Winston Howard AC (born 26 July 1939 was the 25th Prime Minister of Australia from 11 March The Liberal Party of Australia is an Australian political party. Federal elections for the Parliament of Australia were held on Saturday 24 November 2007 after a 6-week campaign in which 13 The centre-left Rudd Labor government is committed to removing many aspects of the WorkChoices legislation. The centre-left (or center-left) is a political term commonly used to describe or denote individuals political parties or organizations (such as Think Kevin Michael Rudd (born 21 September 1957 is the 26th and current Prime Minister of Australia and federal leader of the Centre-left Australian Labor ^[7]

WorkChoices changes

• Formation of a single national industrial relations system in relation to incorporated corporations, to replace the separate State and federal systems;
• Establishment of a body to be known as the Australian Fair Pay Commission, to decide minimum wages, in place of National Wage Cases at the Australian Industrial Relations Commission (AIRC);
• Streamlining of Certified Agreement and Australian Workplace Agreement making, including increasing the maximum life of agreements from three years to five years;
• A reduction in the number of "allowable matters", which could be covered by awards
• Creation of five minimum workplace conditions;
• Exemption of companies with fewer than 101 employees from unfair dismissal laws;
• Exemption of all companies from unfair dismissal laws, where a dismissal is for a bona fide operational reason;
• Increased restrictions on allowable industrial action;
• Mandating secret ballots for industrial action;
• Outlawing pattern bargaining and industry-wide industrial action. A corporation is a separate legal entity usually used to conduct business The Australian Fair Pay Commission (AFPC is an Australian legislative body created under the Howard Government's " WorkChoices " industrial A minimum wage is the lowest hourly daily or monthly Wage that employers may legally pay to employees or workers The Australian Industrial Relations Commission, or AIRC (known from 1956 to 1973 as the Commonwealth Conciliation and Arbitration Commission, and from 1973 to 1988 as the An Enterprise Bargaining Agreement (EBA consists of a collective industrial Agreement between either an Employer and a Trade union An Australian Workplace Agreement (AWA was an individual written agreement on terms and conditions of employment between an Employer and Employee in Australia Unfair dismissal is the term used in English Welsh and Scottish Law to describe an Employer 's action when terminating an Employee 's Employment contrary Industrial action (UK and Ireland or job action (US refers collectively to any measure taken by Trade unions or other organised labour meant to reduce Productivity The secret ballot is a voting method in which a Voter 's choices are confidential Pattern bargaining is a process in labour relations where a Trade union gains a new and superior entitlement from one employer and then uses that agreement as a precedent to

Introduction of the Bill into Parliament

The then Minister for Employment and Workplace Relations, Kevin Andrews, who introduced the Australian industrial relations legislation, speaking at a press conference on 8 November 2005

The Workplace Relations Amendment (Work Choices) Bill 2005 (Cth) was introduced into the Australian House of Representatives on 2 November 2005 by the Minister for Employment and Workplace Relations, Kevin Andrews. Kevin James Andrews (born 9 November 1955) is an Australian politician and member of the Liberal Party of Australia. Events 1519 - Hernán Cortés enters Tenochtitlán and Aztec ruler Moctezuma welcomes him with great a Celebration Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. The House of Representatives is one of the two houses (chambers of the Parliament of Australia; it is the Lower house, the Upper house being the Senate Events 1570 - A Tidal wave in the North Sea devastates the coast from Holland to Jutland, killing more than 1000 Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. Kevin James Andrews (born 9 November 1955) is an Australian politician and member of the Liberal Party of Australia.

The Australian Labor Party claimed it was not provided with enough copies of the Bill when it entered the Parliament. They mounted a campaign against the Bill in Parliament throughout the day. During Question Time, Opposition members continually interjected while Government members were speaking, leading the Speaker (and later the Deputy Speaker) to remove 11 of them. ^[8]

The Bill passed through the House of Representatives on 10 November and was introduced into the Senate later that day by Special Minister of State, Senator Eric Abetz. Events 1444 - Battle of Varna: The crusading forces of King Vladislaus III of Varna (aka Ulaszlo I of Hungary and Wladyslaw Eric Abetz (born 25 January 1958 in Stuttgart, Federal Republic of Germany) has been a Liberal Party member of the Australian ^[9][10] The Bill was passed, with amendments, by the Senate, by a vote of 35-33 on 2 December 2005. Events 1409 - The University of Leipzig opens 1755 - The second Eddystone Lighthouse is destroyed by fire Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar.

The Bill received the Royal Assent on 14 December and the parts concerning the Australian Fair Pay Commission, wages for school based trainees and apprentices, and redundancy pay for small employers became enacted immediately from that date. The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of Lawmaking by formally assenting to an Events 1287 - St Lucia's flood: The Zuider Zee sea wall in the Netherlands collapses killing over 50000 people

The Minister for Employment and Workplace Relations released the first set of regulations for the bill on 17 March 2006 and following that the complete act - titled in full as the Workplace Relations Act 1996, Act No. Events 45 BC - In his last victory Julius Caesar defeats the Pompeian forces of Titus Labienus and Pompey the Younger Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. The Workplace Relations Act 1996 is an Australian law passed by the Howard Government shortly after coming into power in 1996. 86 of 1988 as amended - was proclaimed by Australia's Governor-General Michael Jeffery. A proclamation (Lat proclamare, to make public by announcement is an official declaration The term governor general or governor-general refers to a vice-regal representative of a Monarch in an independent realm or a major colonial circonscription The act commenced on 27 March 2006. Events 196 BC - Ptolemy V ascends to the throne of Egypt. 1309 - Pope Clement V excommunicates Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar.

In July 2007, a new biography of John Howard has said that he pushed the WorkChoices legislation through in 2006 so that it wouldn't be announced in an election year, and that several cabinet ministers had concerns that the legislation would disadvantage too many workers, which they expressed several times. See also Howard Government John Winston Howard AC (born 26 July 1939 was the 25th Prime Minister of Australia from 11 March ^[11][12]

Opposition to the changes

Kim Beazley in November 2005 declaring Labor will "oppose the Howard Government's industrial relations legislation in every respect, at every stage until the next election". For Kim Beazley's father Kim Beazley senior, see Kim Edward Beazley. Federal elections for the Parliament of Australia were held on Saturday 24 November 2007 after a 6-week campaign in which 13

In response to the Howard Government's WorkChoices package, the Australian Council of Trade Unions, the peak association for Australian trade unions, launched its "Your Rights at Work" campaign opposing the changes. Template talkInfobox Union for usage --> The Australian Council of Trade Unions ( ACTU) is the largest The campaign has involved mass rallies and marches, television and radio advertisements, judicial action, and e-activism.

The week of action culminated on Friday 1 July 2005 with a "SkyChannel" meeting of union delegates and members organised by Unions NSW. "July 1st" redirects here For the Ayumi Hamasaki song see H (song. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. The Labor Council of New South Wales is a representative body of Trade union organisations in the State of New South Wales, Australia. The meeting was followed by a large rally in Sydney and events in regional areas.

Greg Combet, Secretary of the Australian Council of Trade Unions, tells a media conference on November 2, 2005 that "the Australian labour movement will overturn this legislation, no matter how long it takes". Gregory Ivan Combet AM MP (born 28 April 1958) is an Australian politician and trade unionist Template talkInfobox Union for usage --> The Australian Council of Trade Unions ( ACTU) is the largest Events 1570 - A Tidal wave in the North Sea devastates the coast from Holland to Jutland, killing more than 1000 Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. The Australian labour movement has its origins in the early 19th century and includes both Trade unions and political activity.

Individual State Governments have also opposed the changes. For example, The Victorian Government has introduced the Victorian Workplace Rights Advocate as a form of political resistance to the changes.

In December 2005, the federal caucus of the Australian Labor Party initiated an Industrial Relations Taskforce in order to investigate the adverse effects of the legislation, chaired by Brendan O'Connor, with special emphasis on the impact on regional and rural communities, women and young people. The Industrial Relations Taskforce is a Taskforce established in December 2005 by the caucus of the Federal Parliamentary Labor Party of Australia Brendan Patrick O'Connor (born 2 March 1962) Australian politician has been an Australian Labor Party member of the Australian House During 2006, the Taskforce travelled to every state and territory in Australia, convening meetings with individuals, employers, church and community groups and trade unions, collecting testimony in order to inform federal Labor's policy response and to publicise instances of actual exploitation. An interim report, 'WorkChoices: A Race to the Bottom' was launched by Opposition Leader Kim Beazley at Parliament House, Canberra on 20 June 2006, and widely distributed. For Kim Beazley's father Kim Beazley senior, see Kim Edward Beazley. Parliament House is the meeting place of the Parliament of Australia. Events 451 - Battle of Chalons: Flavius Aetius ' defeats Attila the Hun. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. ^[13]

Campaigns

A view of a rally on 15 November 2005 in La Trobe Street, Melbourne, giving an indication of the size of the crowd

The ACTU's campaign (with an allocated $8 million) triggered a Government counter-campaign promoting the reforms. Stage one of the government campaign preceded the release of the legislation and cost approximately $46 million,^[14] including advertisements from both the government and the BCA,^[15] information booklets and a hotline. ^[16]

Government polling of the period August 2005 - February 2006, not released until March 2008, revealed that the government's advertising campaign made workers more apprehensive about WorkChoices. ^[14]

Main article: Combet v Commonwealth

The ALP, minor parties and the ACTU attacked the advertising campaign, with ACTU President Sharan Burrow describing the advertisements as deceitful party-political advertising funded from general revenue. Combet v Commonwealth was an Australian Court Case decided in the High Court of Australia in 2005 Sharan Burrow (b 12 December 1954 in Warren New South Wales) is the president of the Australian Council of Trade Unions. ^[17] The Government argued that such expenditure is normal procedure when introducing radical change, citing the example of the GST advertising. The GST (Goods and Services Tax is a Value added tax of 10% on most goods and services transactions in Australia. The expenditure was challenged in the High Court of Australia by the Australian Labor Party and the Australian Council of Trade Unions, on the grounds that the expenditure was not approved by Parliament. The High Court of Australia is the final court of appeal in Australia the highest court in the Australian court hierarchy. Template talkInfobox Union for usage --> The Australian Council of Trade Unions ( ACTU) is the largest On September 29, the High Court rejected this argument in a majority decision. Events 522 BC - Darius I of Persia kills the Magian usurper Gaumâta securing his hold as king of the Persian Empire. ^[18]

National Days of Protest

The then Labor leader Kim Beazley at an anti-WorkChoices rally at the MCG in November 2006

On 15 November 2005, the ACTU organised a national day of protest, during which the ACTU estimated 546,000 people took part in marches and protests in Australia's state capitals and other cities. For Kim Beazley's father Kim Beazley senior, see Kim Edward Beazley. Events 655 - Battle of Winwaed: Penda of Mercia is defeated by Oswiu of Northumbria. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. A national day of protest was held in Australia on 15 November, 2005, to protest against the industrial relations legislation being introduced ^[19] The rallies were addressed by Labor State Premiers. Other notable Australians, including former Labor Prime Minister Bob Hawke, also spoke in opposition to the industrial relations changes. Robert James Lee (Bob Hawke, AC (born 9 December 1929 was the 23rd Prime Minister of Australia and longest serving Australian Labor Party Prime Minister

A second national day of protest was held across Australia on November 30, 2006 with rallies or meetings in about 300 sites nationwide. Events 1700 - Battle of Narva — A Swedish army of 8500 men under Charles XII defeats Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. At the MCG the entertainment included Jimmy Barnes and the crowd was addressed by such speakers as the leader of the opposition Kim Beazley. Jimmy Barnes is a popular Australian rock singer He was born James Dixon Swan on April 28, 1956 in Glasgow, Scotland For Kim Beazley's father Kim Beazley senior, see Kim Edward Beazley. Estimates for the Melbourne crowd ranged from 45,000 to 65,000 people at the MCG and the march to Federation Square. In other cities, an estimated 40,000 people attended a similar rally in Sydney, 20,000 in Brisbane, 7,000 in Adelaide, 3,000 in Perth, 2,000 in Darwin, and 1,000 in Canberra. ^[20][21]

Online campaigns

"Your Rights at Work" is the name of a campaign launched by the Australian labour movement since the introduction of WorkChoices, resulting in widespread coverage through mass protest rallies. The Australian labour movement has its origins in the early 19th century and includes both Trade unions and political activity.

As part of its campaign against the IR laws, the ACTU set up the "Your Rights at Work" campaign website. More than 170,000 people have signed up to receive updates about the campaign. The e-list also take part in online campaign actions. One of the most well-supported campaigns was "Take a Stand Barnaby!" petitioning National Party of Australia Senator Barnaby Joyce to act on his concerns about the IR laws and vote against them in the Senate in November 2005. The National Party of Australia is an Australian political party. Barnaby Thomas Gerald Joyce (born 17 April 1967) Australian politician has been a National Party member of the Australian Senate The Senate is the upper of the two houses of the Parliament of Australia. Ultimately unsuccessful, the petition received 85,189 signatures, thought by the ACTU to be a record for an Australian online petition at that time. ^[22]

Other internet activism campaigns undertaken by the Rights at Work website supporters include raising $50,000 in five working days to erect a billboard on Melbourne's Tullamarine Freeway raising awareness of the IR laws. Internet activism (also known as e-activism, electronic advocacy, cyberactivism, e-campaigning and online organizing) is the use of The Tullamarine Freeway is an urban Freeway in Melbourne, Australia, linking Melbourne Airport to the central business district The online campaigns have also targeted employers, like Darrell Lea CEO John Tolmie. Darrell Lea Chocolate Shops is an Australian company that make and sell Chocolate. In April, Mr Tolmie bowed to public pressure and halted plans to shift his workforce onto AWA individual contracts^[23] after 10,000 Rights at Work supporters emailed him asking him to reconsider. An Australian Workplace Agreement (AWA was an individual written agreement on terms and conditions of employment between an Employer and Employee in Australia ^[24]

Scope of the System

Before the commencement of WorkChoices the Commonwealth relied on the concilliation and arbitration power of Section 51(xxxv) which provides that Commonwealth may make laws with respect to "conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State. "

The Howard Government sought to bring as many employees under WorkChoices as was within its constitutional powers.

Relying on the corporations power of Section 51(xx), the Howard Government extended the coverage of the federal industrial relations system to an estimated 85% of Australian employees. Section 51(xx of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right All employees of "constitutional corporations" (ie. trading, financial, and foreign corporations) are covered by the WorkChoices system. Other constitutional powers used by the Federal Government to legislate industrial relations matters include the Territories power to cover the Australian Territories, including the external territories of the Christmas and Cocos Islands, the external affairs powers, the interstate and overseas trade and commerce power, and the powers of the Commonwealth to legislate for it's own employees. Victoria voluntarily referred its industrial relations powers to the Commonwealth in 1996.

While one of the purposes of these changes is to provide a single national industrial relations system, in practice, each of the States' systems (except Victoria and the Territories) remains in force. State industrial relations systems continue to apply to employers that are not covered by Federal agreements (Australian Workplace Agreements or Collective Agreements), bound to a Federal Award, or are not incorporated and trading, financial or foreign organisations. Employers that remain in the State systems include sole traders, partnerships, incorporated associations which are not 'trading and financial corporations' and state government bodies.

Court decisions may be required to establish whether an organisation falls under this definition; areas of contention include local government and incorporated associations that undertake some trading activities, such as not-for-profit organisations. There have been several test cases so far in State and Federal jurisdictions, including Jacqueline Ann Bysterveld v Shire of Cue, Western Australian Industrial Relations Commission (20 July 2007). The general principles established by this case and similar cases since the introduction of Workchoices are that the types of activities carried out by an individual organisation and the extent and value of these activities must be assessed on a case-by-case basis to determine whether the activities are considered substantially "trading and financial. "^[25]

Significant changes

Changing dismissal protection laws for some employees

WorkChoices contains provisions relating to both unfair dismissal and unlawful termination, which are separate matters. The Australian Industrial Relations Commission (AIRC) retains some of its role in hearing unfair dismissal and unlawful termination cases, but increased the emphasis on mediation and conciliation. It also reduced the timeframe within which employees are able to lodge such claims; claims must be lodged within 21 days from the date of termination. Employees can apply for an extension of this timeframe^[26], but a review of published decision shows that extensions are infrequently granted. Fees apply for applications, currently $55. 70. ^[27]

Both unfair dismissal and unlawful termination claims go through an initial hearing and compulsory conciliation conference at the AIRC. Only when the conciliation has been unsuccessful and a conciliation certificate issued can the claim proceed to the next step. For unfair dismissal claims, the claim proceeds to arbitration by the AIRC, where a Member of the Commission may issue a binding decision. For unlawful termination claims, the claim proceeds to a court with appropriate jurisdiction such as the Federal Court or the Industrial Division of the Federal Magistrates Court. ^[28]

Prior to WorkChoices, unfair dismissal protections existed in Awards or through state industrial relation commissions. The changes to dismissal laws as part of WorkChoices reduced the protections of previous unfair dismissal laws, which were introduced at a Federal level by the Labour Government of Paul Keating in 1993. Paul John Keating (born 18 January 1944 was the 24th Prime Minister of Australia, from 1991 to 1996 The arguments for these changes relate to creating jobs by removing the burden on business of dismissing unsuitable employees. Arguments against the changes include the lack of job security for employees.

WorkChoices introduced several restrictions on who is able to lodge an unfair dismissal claim with the AIRC. Unfair dismissal is defined by the Workplace Relations Act 1996 (the Act) as dismissal which is "harsh, unjust or unreasonable. "^[29] Employees must work for a business that has more than 100 employees, and have served a qualifying period of 6 months. Other reasons that will exclude an employee from taking unfair dismissal action include where an employee is employed on a seasonal basis or on a contract of employment for a specified period or task, employed on a probationary period that is reasonable and determined in advance, a short-term casual employee, a trainee engaged for a specific period, or an employee not employed under an Award or workplace agreement and earning more than $101,300 per year^[30] (see Section 638 of the Act for a full list of exclusions).

Significantly, the Act also excludes employees who were dismissed for "genuine operational reasons or reasons including genuine operational reasons". "Genuine operational reasons" are defined in the Act as "reasons of an economic, technological, structural or similar nature. ”^[31] Interpretation of this clause by the AIRC has created precedent for a broad application of this section of the Act. In Carter v Village Cinemas, the Full Bench of the AIRC decided upon appeal that an operational reason must only be a reason for dismissal, not the sole or dominant reason for dismissal. ^{[32] [33]} In another significant decision, Andrew Cruickshank v Priceline Pty Ltd, Mr Cruickshank was employed at Priceline on a package of $101,15. He was terminated and Priceline subsequently hired a new employee in the same position on a package of $65,000-$75,000. Priceline claimed, successfully, that they had not breached the unfair dismissal provisions of the Act, as the dismissal saved the business money, therefore was for a reason including a genuine operational reason. ^[34]

Unlawful termination encompasses several parts; notice of termination, Centrelink notification, and prohibited reasons. Centrelink is the trading name of the Commonwealth Service Delivery Agency (CSDA a statutory authority responsible for delivering human services on behalf of agencies of the Under Section 661 of the Act, employees, other than excluded employees (including casual employees with less than 12 months regular ongoing service, apprentices) are required to be given a specified period of notice of termination or payment in lieu of this notice. Where this is not provided to an employee, an unlawful termination application may be lodged. In certain circumstances where a business terminates 15 or more employees, the business must give written notice to a body prescribed by the Workplace Relations Regulations 2006,^[35] currently Centrelink. ^[36]

Prohibited reasons for termination include discriminatory reasons such as age, race, national extraction, political opinion, sex, sexual preference, religion, marital status, disability, pregnancy and family responsibilities; refusal to sign an Australian Workplace Agreement (AWA); being involved in proceedings against an employer for alleged breach of the law; membership or non-membership of a union or participation in union activities; and absence from work due to illness or injury, parental leave or emergency management activities. "^[37] Unlike unfair dismissal provisions, there are no restrictions on employees who can lodge unlawful termination claims for prohibited reasons.

Removing the "No Disadvantage Test" for agreements

Prior to the WorkChoices amendments coming into force, Certified Agreements; which are referred to as Collective Agreements in the amended Workplace Relations Act (CAs) and Individual Australian Workplace Agreements (AWAs) had to pass a No Disadvantage Test. An Australian Workplace Agreement (AWA was an individual written agreement on terms and conditions of employment between an Employer and Employee in Australia This test compared a proposed agreement to an underpinning and relevant award that had or should have covered employees up until the proposal for an agreement. The No Disadvantage Test weighed the benefits of the award against the proposed agreement to ensure that, overall, employees were no worse off.

WorkChoices required that employers provide employees with five minimum entitlements, which covered maximum ordinary working hours, annual leave, parental leave, personal/carer's leave and minimum pay scales. These five minimum entitlements were referred to as the Australian Fair Pay and Conditions Standard. The Australian Fair Pay and Conditions Standard (the Standard is a set of five minimum statutory entitlements for wages and conditions that was introduced as part of the Howard Government's However, the Standard did not have any bearing on agreements that were certified prior to the commencement of WorkChoices: Notional Agreements Preserving State Awards (NAPSAs) If their conditions were more generous than what is provided for under the Standard, those conditions will continue to apply.

Those who supported the scrapping of the No Disadvantage Test say that it was too complex and argued that its removal created more opportunities for unemployed people to be offered a job. The example of "Billy" was used in material supporting the Government's position. Unions and other groups that remain opposed to WorkChoices say that Billy is a perfect example of why the new laws are unfair and will lead to bosses exploiting their workers. ^[38]

In response to widespread criticism, the government has since introduced a Fairness Test to replace the Australian Fair Pay and Conditions Standard. The Workplace Relations Amendment (A Stronger Safety Net Act 2007 was an Australian act However, the legislation was not retrospective and therefore does not apply to agreements created between the inception of the original WorkChoices legislation and when the Fairness Test was added to the legislation.

Streamlined process for agreement certification

Previously, certified agreements, which are collective agreements about employment entitlements and obligations, made by an employer directly with employees or with unions, had to be lodged and certified in the Australian Industrial Relations Commission (AIRC). The Australian Industrial Relations Commission, or AIRC (known from 1956 to 1973 as the Commonwealth Conciliation and Arbitration Commission, and from 1973 to 1988 as the

The new legislated changes have transferred responsibility for overseeing the agreement certification process to the Workplace Authority, which has had some of its other powers of investigation transferred to the Workplace Ombudsman. The Workplace Authority is an Australian Federal Government statutory agency that commenced operations on 1 July 2007 replacing and expanding on the role of the Office of the Employment An ombudsman ( English plural conventionally ombudsmen) is an official usually (but not always appointed by the government or by parliament who is charged with Now instead of appearing before a Commissioner at the AIRC, parties to a collective agreement are only required to lodge the agreement with the Workplace Authority.

This new process has been criticised by those opposed to WorkChoices as they believe that it will give unions less opportunity to scrutinise and intervene where they believe an agreement has been unfairly drafted. However the government has stated in response that the intention of this part of the Act was to improve the turn-around time for agreement certification. In addition the newly amended Act does provide for substantial penalties upon employers, employees and unions where a collective agreement does not comply with the new regulations or includes prohibited content.

Senate inquiry

An inquiry into the Workplace Relations Amendment (Work Choices) Bill 2005 was held by the Senate Employment, Workplace Relations and Education Committee, to which the Bill was referred once it was introduced into the House of Representatives. The Senate is the upper of the two houses of the Parliament of Australia.

Five days were allowed for submissions to be made to the committee, with the closing date being 9 November 2005. Five days of hearings were scheduled to be held at Parliament House in Canberra commencing November 14, with the committee reporting to the Senate on 22 November.

This decision to have a rather short inquiry was criticised by Labor, who claimed that it was an attempt by the Government to avoid proper scrutiny of the Bill. ^[5]

By November, the Senate had received more than 4,500 submissions, of which only 173 were published on the website. The committee did not individually acknowledge and publish all submissions, due to the large number of submissions, at least partially caused by ACTU's campaign against WorkChoices, which included setting up a form on its website by which people could make a submission.

On November 14, the Senate Inquiry began its five-day hearing — in which only a fraction of the submissions were heard — with the submissions of State and Territory Industrial Relations Ministers and representatives. The Commonwealth of Australia is made up of 8 states and territories controlled under a federal system of government The representatives were each allowed only seven minutes to address the Inquiry, during which they criticised the package as being unconstitutional and undermining the rights and conditions of workers. ^[39]

The Office of the Employment Advocate, now known as the Workplace Authority, conducted a survey ending in September 2006 which showed the following results with respect to 'protected' conditions lost in WorkChoices legislation: of all AWAs sampled, 88 percent abolished or 'modified' overtime rates; 89 percent of AWAs either abolished or 'modified' shiftwork loading; 91 percent abolished or 'modified' monetary allowances; 85 percent abolished or 'modified incentive payments; 82 percent abolished or 'modified' public holiday payments; and 83 percent abolished or 'modified' rest breaks. In each of these cases conditions were more often abolished than modified, and all modifications represented decreases in conditions. Lastly, though 66 percent of AWAs resulted in wage increases, 52 percent of these increases were unquantified or not guaranteed. ^[40]

High Court Challenge

At the commencement of the WorkChoices reforms every state and territory of Australia had a Labor government. The States lodged a challenge to the Constitutional validity of WorkChoices in the High Court of Australia. The High Court of Australia is the final court of appeal in Australia the highest court in the Australian court hierarchy. Various union groups also lodged their own challenge in the High Court. The High Court heard arguments between 4 May 2006 and 11 May 2006. Events 1256 - The Augustinian monastic order is constituted at the Lecceto Monastery when Pope Alexander IV Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Events 330 - Byzantium is renamed ''Nova Roma'' during a dedication ceremony but is more popularly referred to as Constantinople Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. On 14 November 2006 the High Court, by a 5 to 2 majority, rejected the challenge, upholding the Government's use of the corporations power as a constitutionally valid basis for the WorkChoices reforms. Events 1533 - Conquistadors from Spain under the leadership of Francisco Pizarro arrive in Cajamarca, Inca Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Section 51(xx of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right ^[41]

'WorkChoices' brand discarded

A spoof "15 dollar" note issued by unions criticising Hockey's role as the main spokesperson on the Workchoices policy during the 2007 Election campaign

The Australian Government stopped using the name "WorkChoices" to describe its industrial relations changes on 17 May 2007. Events 1521 - Edward Stafford 3rd Duke of Buckingham, is executed for Treason. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. ^[42] Workplace Relations Minister Joe Hockey said the brand had to be dropped due to the union and community campaign against the Workchoices laws. Joseph Benedict "Joe" Hockey (born 2 August 1965) Australian politician is the former Federal Minister for Employment and Workplace Relations "It has resonated because it's been the most sophisticated and political campaign in the history of this country". ^[43] The ACTU countered that the name may have changed but the laws were the same. ^[44] The Government did not rename the brand, but did launched a new advertising campaign that did not refer specifically to WorkChoices. ^[45] This gave rise to the jibe from critics and commentators alike that the policy was one that dare not speak its name an allusion to the euphemism coined by Lord Alfred Douglas for homosexuality. A euphemism is a substitution of an agreeable or less offensive expression in place of one that may offend or suggest something unpleasant to the listener or in the case of doublespeak Lord Alfred Bruce Douglas ( 22 October 1870 &ndash 20 March 1945) was a Poet, a Translator and a Prose The love that dare not speak its name is a phrase from the poem "Two Loves" by Lord Alfred Douglas, published in 1894 ^[46] Another notable curiosity was the continuation of the website.

Post-2007 elections

Kevin Rudd (second from right) campaigning against WorkChoices at Labour Day 2007

Kevin Rudd took over the Australian Labor Party leadership on 4 December 2006, and in the process reaffirming his opposition to WorkChoices. Kevin Michael Rudd (born 21 September 1957 is the 26th and current Prime Minister of Australia and federal leader of the Centre-left Australian Labor Labour Day is an annual Holiday celebrated all over the world that resulted from efforts of Kevin Michael Rudd (born 21 September 1957 is the 26th and current Prime Minister of Australia and federal leader of the Centre-left Australian Labor "December 4th" redirects here For the song by Jay-Z, see December 4th (song. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. As Labor won government at the 2007 federal election, it will retain a federal rather than states-based system. Federal elections for the Parliament of Australia were held on Saturday 24 November 2007 after a 6-week campaign in which 13 Additionally, it plans to phase out Australian Workplace Agreements (AWAs) over a period of years with a preference of collective agreements and awards with an exclusion to those earning over $100,000. An Australian Workplace Agreement (AWA was an individual written agreement on terms and conditions of employment between an Employer and Employee in Australia Unfair dismissal laws would be restored to all businesses, however, employees joining companies with under 15 employees will be placed under a twelve month probationary period. ^[47] Restrictive right of entry rules in to workplaces for unions introduced under WorkChoices will remain and secret ballots (rather than open ballots) to decide on carrying out strikes will continue, which would become banned except during periods of collective bargaining. ^[48] The dismantling of the group of industrial relations bodies created by the government would also occur, and in their place a service known as "Fair Work Australia" would be created. ^[49]

Kevin Rudd used part of the 2007 election debate to argue that the Liberal Party was being influenced by the H. R. Nicholls Society to make further reforms to industrial relations, citing Nick Minchin's attendance to last year's H. The HR Nicholls Society is a Australian Think tank of the New Right on Industrial relations. Nicholas Hugh Minchin (born 15 April 1953) Australian politician has been a Liberal member of the Australian Senate since July 1993 R. Nicholls Society conference, where he told the audience that the coalition knew its reform to WorkChoices were not popular but the process of change must continue,^[50] and that "there is still a long way to go. . . awards, the IR commission, all the rest of it. . . "^[51]

One of the 98 000 mousepads ordered by the Howard government for the promotion of the virtues of the Workchoices policy but subsequently never distributed

Former IR minister Joe Hockey said the laws "went too deep" but were introduced with "the best intentions". Joseph Benedict "Joe" Hockey (born 2 August 1965) Australian politician is the former Federal Minister for Employment and Workplace Relations "As I said yesterday and I've said since election day, WorkChoices is dead, and there is an overwhelming mandate for the Labor Party's policy of tearing up WorkChoices," he said. ^[52]

Liberal leader Brendan Nelson declared that the Liberal Party had "listened and learned" from the Australian public, and has declared WorkChoices "dead", and has called on the new Rudd Labor Government to move quickly to introduce draft industrial relations legislation. Brendan John Nelson, MP (born 19 August 1958 is an Australian politician and former Leader of the Opposition in the Parliament of Australia, as leader ^[53] Former Prime Minister John Howard broke his post-election silence in March 2008 by attacking Rudd's industrial relations policy while defending WorkChoices. See also Howard Government John Winston Howard AC (born 26 July 1939 was the 25th Prime Minister of Australia from 11 March ^[54]

In March 2008 Federal Industrial Relations Minister Julia Gillard revealed that the previous government had spent $121 million on what she described as WorkChoices propaganda including promotional material such as 98,000 mousepads, 77,000 pens and 100,000 plastic folders. Julia Eileen Gillard (born 29 September 1961 is the Deputy Prime Minister of Australia and deputy leader of the federal Australian Labor Party (ALP A mousepad (sometimes mouse pad, mousemat, or mouse mat) is a surface for enhancing the Usability of a Computer mouse. ^[55]

On 19 March 2008, a bill was passed in the Senate that prevented new AWAs from being made, and set up provisions for workers to be transferred from AWAs into intermediate agreements. Events 1279 - A Mongolian victory in the Battle of Yamen ends the Song Dynasty in China. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common ^[56]

On 27 March 2008, the ban on new AWAs came into effect in Australia. Events 196 BC - Ptolemy V ascends to the throne of Egypt. 1309 - Pope Clement V excommunicates 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common The date was chosen by Acting Prime Minister Julia Gillard to have the law given Royal Assent as it coincided with the second anniversary of the WorkChoices legislation. An Acting Prime Minister is a Cabinet member (often in a Commonwealth nation who is serving the role of Prime Minister whilst the individual who normally holds the position Julia Eileen Gillard (born 29 September 1961 is the Deputy Prime Minister of Australia and deputy leader of the federal Australian Labor Party (ALP The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of Lawmaking by formally assenting to an "On this two-year anniversary of WorkChoices, we are here to start burying WorkChoices" announced Julia Gillard. Brendan Nelson, Leader of the Opposition, made it clear that the Liberal-National Coalition will not seek to reintroduce AWAs, saying: "I made it clear on behalf of the Coalition prior to Christmas that WorkChoices is dead. " ^[57]

See also

• Australian labour law
• Australian Council of Trade Unions (ACTU)
• Australian Industrial Relations Commission (AIRC)
• Australian labour movement
• Section 51(xx) of the Australian Constitution, article on the 'corporations power' of the Australian Constitution
• New South Wales & Ors v Commonwealth (Workplace Relations Challenge)
• Public holidays in Australia

References

External links

• [Workplace Relations Amendment (Work Choices) Act 2005 (pdf - 766 pgs)] Warning, large file.
• Workplace Relations Amendment (Work Choices) Bill 2005 (pdf - 691 pgs) Warning, large file.
• Workplace Relations Amendment (Work Choices) Bill 2005 Explanitory Memoranda (pdf - 565 pages) Warning, large file.
• Official WorkChoices website
• ACTU Rights at Work campaign website with factsheets and online campaigns
• Giving the workers what they want? 19 July 2005 Clyde Russell - economics editor of the West Australian. Events 711 - Muslim forces under Tariq ibn Ziyad defeat the Visigoths led by their king Roderic. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar.
• PM rules out any IR compromise The Age July 7, 2005. The Age is a Broadsheet daily Newspaper, which has been published in Melbourne, Australia since 1854 Events 1456 - A retrial verdict acquits Joan of Arc of heresy 25 years after her death Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar.
• Speech To The National Press Club - Greg Combet, ACTU Secretary July 7, 2005 from the ACTU website
• Government employment and workplace relations official website
• Papers from Australian Labour Market experts
• Comparisons with Master and Servant Act include from Commentator Kenneth Davidson, [Casual Workers - 12/10/2005 - NSW Parliament Ian West] in the NSW Legislative Council, and a May 2005 speech PDF by Doug Cameron, National Secretary of the AMWU