Glass Industry Update

No: 50 - 1st April 2009

Contents

  1.   Union Push for Paid Maternity Leave

  2.   Fair Work Bill

  3.   GGAV Awards Night and Dinner Dance

1.    Union Push for Paid Maternity Leave

Unions are pushing ahead with their claim for paid maternity leave (PML) to be included in the May Federal Budget with a series of events taking place as part of a national week of action. 

A series of meetings this week was organised around the country in addition to petitions to MPs to support what ACTU President Sharan Burrow described as an important protection for workers and families through the current economic crisis. "In the short term, new parents need to spend money on necessities such as nappies, clothes, furniture and prams. It is a worthwhile measure to stimulate the economy," she said. In the longer term, PML would provide income security and give parents time to bond with newborns.

2.    Fair Work Bill

The Federal Industrial Relations Minister, Julia Gillard, has introduced the Fair Work (Transitional Provisions and Consequential Amendments) Bill 2009 ("Transition Bill"). The purpose of the Transition Bill is to provide a mechanism for the transition to the new "Fair Work Australia" industrial relations system.

The Transition Bill repeals the current Workplace Relations Act 1996 ("WRA") other than Schedule 1 (which deals with registered organisations) and Schedule 10 (which deals with transitional registered associations) with the remainder to be renamed the Fair Work (Registered Organisations) Act 2009.

It confirms the timeline for the introduction of the new system as set out in the Fair Work Bill 2008, with the commencement of most of the Bill from 1 July 2009, including general protections, unfair dismissal, right of entry and stand down frameworks. 

From 1 January 2010 the provisions relating to the National Employment Standards (NES) and modern awards will commence.

Instruments, Awards and the NES
The Transition Bill provides that from 1 January 2010, the minimum conditions of employment in the NES (set out in the Fair Work Bill) and the minimum rate of pay contained in a modern award, will prevail over existing workplace instruments made before 1 July 2009, and be applicable to all employees. These agreements, along with Individual Transitional Employment Agreements (ITEAs) made before 31 December 2009, will be known as "transitional instruments".

Under the Bill (for Victoria), transitional instruments will be dealt with in the following ways: 

• Agreements (including Australian Workplace Agreements (AWAs) and collective agreements) will continue to operate past their nominal expiry date until terminated in accordance with the current rules for termination, or until replaced by a new enterprise agreement made under the new bargaining framework; 

• Fair Work Australia will be empowered to vary transitional instruments to resolve ambiguity or uncertainty (including in relation to the interaction of the instrument with the NES) 

• current awards will cease once they are replaced by modern awards; 

• the Australian Fair Pay and Conditions Standard, including pay scales and minimum wage guarantees and other minimum entitlements (eg. notice of termination and public holidays) will continue until the NES and modern awards commence on 1 January 2010. 

Institutions 

The Transitional Bill makes consequential amendments to other Commonwealth legislation in order to give effect to the creation of the Fair Work Divisions of the Federal Court of Australia and the Federal Magistrates Court of Australia, as provided by the Fair Work Bill.

From 1 July 2009, the functions of the Workplace Ombudsman and Workplace Authority will be taken over by the Fair Work Ombudsman.

The current agencies under the WRA will cease to exist at the following times: 

• the Australian Fair Pay Commission on 31 July 2009; 

• the Workplace Authority on 31 January 2010; and 

• the Australian Industrial Relations Commission and the Australian Industrial Registry on 31 December 2009. 

• "Take home pay orders" bolster safety net

Under the Transitional Bill, Fair Work Australia will be empowered to make "take-home pay orders" for individuals or groups of workers when their pay has been reduced as a result of moving onto modern awards. According to the Bill's Explanatory Memorandum, the power to make such orders is "tightly constrained" and can only be made when the has been an actual reduction in take-home pay and award modernisation must be the "operative or immediate reason" for the reduction in pay.

Bargaining and agreements

The Transition Bill sets out a framework for bargaining, agreement making and industrial action during and after the bridging period between 1 July 2009 and 1 January 2010. During that period agreements lodged for approval will be vetted against the no disadvantage test, not the "better off overall test". After 1 July 2009, bargaining under the WRA provisions will no longer be allowed, and a new bargaining process under the Fair Work Bill will have to be commenced.

Further Bill

The Minister has stated that a further transitional bill would be introduced in the week beginning 25 May 2009. It would deal with consequential amendments to more than 70 pieces of federal legislation and any amendments flowing from referrals of industrial relations powers by the States that had been completed by that time.

Implications for employers

Before 1 July 2009, employers should review the agreements in place with their employees (either individual or collective), and instruments applying to their employees to check their status under the Transitional Bill as of 1 July 2009 and 1 January 2010. 

GGAV Briefing
The GGAV will conduct a briefing session on the new bill and the implications for members

3.   GGAV Awards Night and Dinner Dance

The GGAV Awards Night and Dinner Dance is now planned for 23rd May 2009 at the Langham Hotel Ballroom Southbank Melbourne.  A separate newsletter will forward details.

If you have any queries contact Don Blanksby on info@ggav.org.au