AWAs To be phased out between 2007 – 2010.

RIGHT OF UNION ENTRY TO WORKPLACES

Workchoices to remain – i.e. very limited right of entry.

COLLECTIVE AGREEMENTS

• No prohibited content.
• If a majority of employees want to bargain collectively, the employer is required to do so in good faith.
• Collective enterprise agreements permitted for “related” businesses.
• Commission can arbitrate in limited circumstances.

PROTECTION FROM UNFAIR DISMISSAL

Subject to the following criteria:

• an employee who is employed by an employer who employs 15 or more employees must have been employed for 6 months;
• an employee who is employed by an employer who employs fewer than 15 employees must have been employed for 12 months;
• if the employee is not covered by an award, the employee must be earning annual remuneration of less than $98,200 (to be indexed).

INDUSTRIAL ACTION

• Prohibited during life of enterprise agreements.

• Permitted only during negotiations for EBAs on restricted basis and subject to ballots to be conducted by Fair Work Australia (FWA)(See below).

INDUSTRIAL UMPIRE

AIRC to be replaced with “Fair Work Australia” with the following powers:

• assisting parties to resolve workplace grievances;
• resolving unfair and unlawful dismissal claims;
• facilitating collective bargaining and enforcing good faith bargaining;
• reviewing and approving collective agreements;
• adjusting minimum wages and award conditions;
• monitoring compliance with and ensuring the application of workplace laws, awards and agreements; and

• regulating registered industrial organisations.
• conducting inquiries and recommending adjustment to Labor’s national employment standards.

10 LEGISLATED EMPLOYMENT STANDARDS

1. Hours of work

• 38 hours per week

2. Parental leave

• Up to 12 months of unpaid leave;
• Right to request up to an additional 12 months of unpaid parental leave;

3. Flexible work for parents

• Right to request flexible work arrangements until a child reaches school age. Employers will only be able to refuse on ”reasonable business grounds”.

4. Annual leave

• 4 weeks per year with an additional week for shift workers.

5. Personal, Carers and Compassionate leave

• 10 days paid personal and carers leave each year.
• 2 days paid compassionate leave on the death or serious illness of a family member or a person the employee lives with.
• All employees will be entitled to an additional 2 days of unpaid personal leave where required for genuine caring purposes and family emergencies.

6. Community Service Leave

• Employees will be entitled to leave for prescribed community service activities, for example paid leave for jury service and reasonable unpaid leave for emergency services duties.

7. Public holidays

• Standard days protected. Award penalty rates to apply

8. Information in the workplace

9. Termination of Employment & Redundancy

• Entitlements in line with Australian Industrial Relations Commission in the 2004 Redundancy Test Case.

10. LSL

• National standard to be developed.

AWARDS

Limited to 10 minimum standards:

1. Minimum wages

• This will include skill based classifications and career structures, incentive based payments and bonuses, wage rates and other arrangements for apprentices and trainees;

2. The type of work performed

• For example whether an employee is permanent or casual

3. Arrangements for when work is performed including hours of work, rostering, rest breaks and meal breaks.

4. Overtime rates

5. Penalty rates for weekends or public holidays, and shift work

6. Provisions for minimum annualised salary arrangements

7. Allowances

8. Leave, leave loadings and the arrangements for taking leave;

9. Superannuation

10. Consultation, representation and dispute settling procedures.

IMPACT ON MSAV/VPA MEMBERS

Pro