Welcome to our February 2007 update on some important recent developments in the field of Employee Relations in Australia.

Our sense is that many employers still remain unsure about what to do with Work Choices. With the High Court challenge behind us, many may now be thinking that the approaching elections in NSW and at the Federal level are reasons not to do anything new.

Our view (see lead story about recent changes to Work Choices) is that even if Labor were to win Government (and that is no certainty with a wily campaigner like John Howard), it is probable that many elements of Work Choices would remain. In particular, it has become clear that the ongoing use of the Corporations power to regulate industrial relations is likely to continue.

Maybe you'd like to contribute to our mini poll at the top right on what your intentions are in relation to Work Choices. If you vote early, you can return later to check progress on the poll.

Cheers,

Steve Champion, Director

Employee Relations Strategies Pty Ltd

The Federal Government amended the Workplace Relations Act and regulations prior to Christmas to fix some anomalies that had become apparent (click here for media statement). These changes are summarised below (click on each heading for more information) - Read more

This Act commences on 13 June 2007, or on an earlier date as decided by the Minister, and like WorkChoices is based on the Corporation’s power of the Australian Constitution. It therefore applies to contracts for services between constitutional corporations and independent contractors.
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In November 2006 the NSW government passed legislation protecting employees under 18 from the impact of WorkChoices. Read more

Overview - In a case decided in November 2006, the ADT awarded an employee who was discriminated against $5,000 for the discrimination and then a further $10,000 due to the manner in which the complaint of discrimination was handled.
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Overview - A Commissioner was found to have exceeded his authority in considering the facts behind a termination for operational reasons.
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Overview - A Federal Magistrate has included Workers’ Compensation pay as ‘paid sick leave’ for the purposes of unlawful termination for temporary absence from work due to illness or injury. The practical effect of this would be to prevent an employer terminating any employee receiving workers’ compensation payments.
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The Australian Bureau of Statistics released its latest headline inflation figures on 24 January 2007.

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