Appendix D: The Fair Work Bill 2008
This Appendix provides a synopsis of the workplace
protective provisions contained in recently introduced workplace legislation,
the Fair Work Bill 2008.
Protection
The Fair Work Bill sets out a range of workplace protections
for fairness and representation at the workplace, a right to freedom of
association and provisions related to preventing discrimination and other
unfair treatment.
Chapter 3 of the Bill sets out rights and responsibilities
of employees, employers, organisations. The Bill creates workplace rights (cl.
341) and defines adverse treatment (cl. 342) (see the extract below). A range
of other safeguards in the workplace include protection (cl. 340) and
prohibitions on coercion and undue influence (cl. 343, 344).
The definition of adverse action limits the action that will
give rise to liability in relation to workplace rights to specified action
taken by specified persons against other specified persons. What is
adverse action in any particular case depends on the nature of the relationship
between the relevant persons.
The scope of the conduct captured by the concept of adverse
action is based on conduct that is prohibited by the freedom of association,
unlawful termination and other provisions in the Workplace Relations Act 1996
that have been incorporated into the protections.
An important concept in the public interest disclosure
legislation proposed in this report is that making a public interest disclosure
be a workplace right. As well, the provision in the public interest disclosure
legislation that creates the right would be a workplace law for the purposes of
the Fair Work Bill.
Extract from Clause 342 of the Fair Work Bill 2008
Source Fair
Work Bill 2008, Clause 342
Regulation
The Bill establishes a statutory authority, the Fair Work
Authority, with powers including dealing with unfair dismissal claims and
settling workplace disputes.
The position of Fair Work Ombudsman (FWO)
has the roles of promoting harmonious and cooperative workplace relations and
compliance with the law through education, assistance and advice and, where
necessary, undertaking enforcement activities, such as investigation, issuing
compliance notices and initiating court proceedings. The FWO is to visit
workplaces to offer assistance and resolve issues quickly and informally. The
FWO replaces the Workplace Ombudsman, a statutory agency responsible for
promoting and monitoring compliance with, and investigating suspected
contraventions of, federal workplace relations laws, awards and agreements.