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Workplace relations has become a tug of war policy area for the Coalition and Labor Governments, with both parties pushing through numerous sweeping legislative and regulatory changes in line…
Workplace relations has become a tug of war policy area for the Coalition and Labor Governments, with both parties pushing through numerous sweeping legislative and regulatory changes in line with their party ideals while in power.
A common complaint about WorkChoices was that it was too complex and lacked clarity and consistency. The Labor Government made a concerted effort to make sense of the legal dog's breakfast that was WorkChoices, with the introduction of the Fair Work Act 2009.
Stephen Boatswain, a partner with Harmers Workplace Lawyers, said one aspect about the legislation was that it is easier to understand and should prove to be a more user-friendly document. "It is, for the first time in many years, a completely fresh piece of legislation and not an amendment of what was there in the past, and so has the significant advantage of being a unified, coherent whole, with consistent language throughout," he said.
A fundamental part of the new legislation is the award modernisation process, which is to be completed on 1 January 2010. This encompasses individual flexibility arrangements under awards (which will allow an employer and a current employee to contract out of parts of the award, providing the employee is better off and subject to some other requirements).
Gareth Jolly, partner, Minter Ellison Lawyers, said the award modernisation process would "result in a very significant consolidation of the award system, so it is bound to result in changes to employee minimum entitlements".
The more than 1000 pages of new laws and regulations will impact on every business - small and large. The laws include:
Other significant trends in the legal profession this year have included (click on link for a full examination of each trend):
>> Mid-tiers make their mark
>> Climate change on the horizon
>> The rise and rise of in-house
>> Speaking out about outsourcing
>> Too many city lawyers highlights rural shortage
>> Alternatives for billings methods gain momentum
>> The trend to business-minded lawyers
>> Mental health issues come to the fore
>> Workplace relations tug of war
>> Big firms place freeze on salaries
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