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Background Note Index

Background Note

Workplace relations reforms: a chronology of business, community and government responses

Online only: revised 23 May 2007, 8 August 2007, 13 September 2007, 15 October 2007, 6 December 2007

Steve O'Neill and Indra Kuruppu
Economics Section

The Coalition Government introduced the Workplace Relations Amendment (Work Choices) Bill 2005 on 2 November 2005 (see Bills Digest No.66 2005-06, see also the Parliamentary Library’s Internet guide to the Work Choices Bill, including proposed amendments from non-government parties).

The Senate accepted 337 government amendments to the 685 page bill on 2 December 2005. The Bill was then returned to the House of Representatives which passed the Bill on 7 December 2005. The Bill was given Royal Assent on 14 December 2005, and it came into effect amending the Workplace Relations Act (WR Act) in respect of all of its schedules from 27 March 2006.

The chronology outlined in the table below dates developments in the policy leading to the ‘Work Choices’ legislation up to and from the federal election of 9 October 2004 and subsequent developments.

Key Links

Prime Minister Howard’s ministerial statement to the House of Representatives outlining the Government’s plan to modernise the workplace relations system (26 May 2005) can be found at: https://www.workchoices.gov.au/ourplan/legislation/

The Work Choices legislation including the amended Workplace Relations Act, the Workplace Relations Regulations and subsequent amendments can be found at: https://www.workchoices.gov.au/ourplan/legislation/

Chronology


Milestones

Details

Source Documents

28 September 2004

Liberal/National Coalition releases its workplace relations policy for the October election. Exempting small business of 100 employees from dismissal is not included, nor replacement of the award-based ‘no disadvantage test’. The policy includes independent contractors and labour hire proposals and federal-state harmonisation.

Flexibility and productivity in the workplace- the key to jobs

9 October 2004

Prime Minister John Howard’s Government re-elected for a fourth term in Federal election.

 

11 October 2004

The Australian Chamber of Commerce and Industry (ACCI) outlines the case for a national IR system (see also  policy: Modern Workplace: Modern Future)

‘PM urged to go  hard on reform’ newspaper article

28 October 2004

Outcome of elections for the Senate clarifies that the Coalition will have 39 senators out of 76.

 

31 October 2004

WA Employment Protection Minister John Kobelke foreshadowed possible High Court challenge to a federal IR takeover based on corporations power noting that use of the power for IR was not part of State referrals/agreements in 1991/2001.

Address to WA IR Society, Workplace Express

9 November 2004

The International Monetary Fund advocates wind back of the award system’s role in prescribing the minimum wage and to reduce overlap between state and federal award systems. Supports boosting labour force participation of mature workers; advocates curbing spending  on the disability support pension and boost work incentives.

 IMF staff report

9 November 2004

A group of 20 prominent businessmen wrote to the PM proposing that contract principles  be extended to employment contracts more generally in order to give labour market participants greater freedom of choice; legislating to give employees “freedom to choose their terms and conditions of employment” (should the Parliament decide to go down this path) and avoid tribunal or court interpretations that ran counter to such changes; removing the legal privileges enjoyed by unions; assess macro and micro economic consequences of major IR change, with a particular emphasis on the connection between the welfare system and the labour market - “especially when welfare benefits act as a deterrent to job seeking”; consider the implications of Australia’s past ratification of ILO conventions on Parliament’s sovereignty over labour market laws

Letter to PM John Howard, November 9, 2004

16 November 2004

In opening speech to the 41st Parliament the Governor-General states “in its fourth term the government will accelerate the reform of workplace relations as a means of rasing productivity and Australian living standards. A strategic package of measures will be pursued in this Parliament to promote that objective’.

House of Representatives. Debates. 16 November 2004. Governor-General’s speech

14 December 2004

PM replies to businessmen rejecting their call for a commission of inquiry into IR but confirms examination to achieve greater harmony among the six overlapping workplace relations systems. This will include considering the use of the Commonwealth’s constitutional powers, including the corporations power.

Letter from PM John Howard

25 January 2005

The House of Representatives Standing Committee on Employment, Workplace Relations and Workforce Participation, is asked by Minister Andrews to outline the state of play in independent contracting, Cwth v State laws and the role of labour hire in the economy.

Terms of reference

3 February 2005

OECD urges the Howard Government to reduce the number and scope of allowable award matters and cut the level of minimum wages. Australia’s minimum wage – which according to the OECD sits at 58% of median earnings – is the second highest in the developed world. This is “arguably” too high, as it constrains job opportunities for the low-skilled.

OECD Economic Survey of Australia, February 2005

9 February 2005

Premier Beattie in an address to the AWU’s national conference said that State Cabinet had resolved it would go to the High Court in a constitutional challenge if the Howard Government proceeds with plans to take over the State’s IR system. About 60% of Queensland’s workers are covered by the State IR system.

Premier Beattie's speech

11 February 2005

The Victorian Trades Hall Council resolved  to pursue a strategy to deal with the incoming IR legislation  – and to also call on the State Government to take back the IR power it handed the Commonwealth in 1996 if awards are stripped right back.

National strike on the cards

14 February 2005

Treasurer Peter Costello argues that there is now the once in a generation opportunity to enhance individual contracts, to cut down on arbitral matters, to try and get wages linked to productivity improvements and enhance profitability, to get ease of entry, ease of exit, into employment situations, to give flexibility in relation to hours, and to improve opportunities for part-time work.

Channel 7’s Sunrise

15 February 2005

Business Council of Australia advocates slashing allowable award matters from the current 20 allowable matters to six, proposes benchmarking the no disadvantage test against the proposed six allowable matters and simplifying AWA approval processes and extending their maximum terms from three to five years.

Workplace Relations Action Plan for Future Prosperity

18 February 2005

The Master Builders Association wants the Federal Government to soften the Building and Construction Industry legislation’s tough anti-pattern bargaining provisions. It argues that the key issue is whether parties genuinely agree to the deals struck.  It also wants the legislation’s provisions on award simplification, union right of entry, and registered organisation’s responsibilities taken out, maintaining the Government’s existing bills on the same matters are adequate for the construction sector.

MBA submission

22 February 2005

Cabinet considered Workplace Relations Minister Kevin Andrews’ broad outline of his IR agenda.

 

25 February 2005

Kevin Andrews outlines the broad scheme of the Government’s IR reforms in a speech to CEDA. State IR Ministers hold a special meeting in Sydney to discuss the looming federal IR changes. 

Where do we want workplace relations to be in five years time?

3 March 2005

CPSU-SPSF will seek to persuade the states to bring 300,000 employees of state-owned corporations back into direct Crown employment and remove them from the reach of likely changes to the WR Act based on the corporations power.

Union seeks protection from IR plan

7 March 2005

The Australian Industry Group proposed that the Government reduce 2200 federal awards to 20 industry-based instruments; introduce a Minimum Wage Commission similar to the UK’s model and define state and federal responsibilities for setting minimum conditions. Cabinet met to consider again proposals for change.

Making the Australian Economy Work Better – Workplace Relations

9 March 2005

Kevin Andrews re-introduced the Building and Construction Industry Improvement Bill – previously introduced to Parliament in 2003 (not passed by the Senate). The new Bill only contains the former Bill’s enforcement provisions -  it will later be amended to incorporate the full Cole legislative package, including the new Australian Building and Construction Commission.

Building and Construction Industry Improvement Bill

11 March 2005

AMWU commences delegates’ meetings across Australia on Government IR proposals to seek a commitment from employers not to utilise the new legislation to undermine workers’ wages and conditions (including commitments not to introduce AWAs or restrict union access); and conducting campaigns, with the involvement of other unions and community groups, against the new laws.

Unions claim first win in IR war

15 March 2005

The ACTU launched the national campaign it had been foreshadowing to try to blunt the Federal Government’s IR agenda.

Your Rights at Work

30 March 2005

The Government releases a discussion paper outlining the provisions it is considering including in contractors and labour hire legislation.

DEWR Discussion Paper

1 April 2005

Opposition Leader Kim Beazley criticises the Coalition for seeking to rely on “the old reform agenda”.

Mr Beazley’s speech to “Sustaining Prosperity” Conference

11 April 2005

PM John Howard defends the Government’s plans to establish a unitary IR system, after critics have labelled him too centralist.

Mr Howard’s speech to Menzies Research Centre

11 April 2005

ACTU writes to the PM to confirm comments reportedly made to the effect that he wouldn’t introduce measures that would cut employees’ real wages or make them worse off.

ACTU letter

11 April 2005

Professor Ron McCallum warned against moving the regulatory underpinnings from the Constitution’s labour power to the corporations power. Professor McCallum argued that the dual system of IR regulation was not a significant barrier to productivity growth.

Kingsley Laffer Lecture, see also The Australian Constitution and the Shaping of our Federal and State Labour Laws

12 April 2005

The AIRC asks the Commonwealth to provide detail of its criticism of previous AIRC safety net wage decisions.

Transcript (at PN474)

15 April 2005

The Productivity Commission argued that there would be ‘little pay-off’ or significant productivity improvements from nationally determined IR, which would be to the detriment of jurisdictional competition.

Review of National Competition Policy Reforms,

21 April 2005

WA’s new Liberal leader, Matt Birney, said that he “cannot and will not support the Federal Government’s proposal to take over our state-based industrial relations systems”. SA’s opposition IR Minister, Iain Evans, supports a dual system. In Queensland, the National’s IR spokesperson, Marc Rowell, has States-rights concerns.

State Libs say no to Howard's IR Statereform

28 April 2005

Workplace Relations Ministerial Council meeting, which was scheduled for April 28 is cancelled.

 

20 May 2005

The ETU Qld (Electrical Trades Union) commits to spending $1m on a campaign against the federal reforms. In NSW Unions NSW will be spending about $4 million on its campaign.

Union warns of award shocks

26 May 2005

Prime Minister makes a ministerial statement in the House of Representatives outlining the shape and content of proposed workplace relations reforms.

Workplace Relations Reform - House of Representatives, 26 May 2005

31 May 2005

DEWR officials advise the Senate Employment Committee that a Task Force of 50 staff including up to 10 from legal firms is preparing the new legislation.

Senate EWRE Committee

1 June 2005

Premier Beattie announced that he would amend the Qld State IR Act to protect conditions including long service leave, super, severance pay, notice of termination, dispute-settling procedures, weekend penalties, jury service and overtime and shift loadings against the federal proposals.

Queensland to shield workers from Howard’s IR regime

3 June 2005

Council of Australian Governments meets; PM asks States to refer their IR powers; the States refuse (Victoria had already referred its IR powers under the Kennett Government)

Communiqué from the 3 June 2005 meeting

7 June 2005

AIRC hands down what is likely to be its last Safety Net Wage decision ($17pw, new minimum wage: $484.40) given that under the PM’s statement, it is proposed to have the wage setting role of the AIRC replaced by the Australian Fair Pay Commission

AIRC Decision 7 June 2005

12 June 2005

The NSW ALP State conference resolved to resist the Howard Government’s IR plans, by adopting a policy prohibiting companies holding contracts with NSW Government agencies from engaging workers under  AWAs. The policy requires tenderers and contractors for Government work to offer collective agreements and meet ILO labour standards.

NSW ALP resolution

16 June 2005

AIRC President, Justice Giudice said at an IR Conference that the PM’s workplace relations reform proposals  were of “enormous significance” - politically, because of the debates that have commenced and would no doubt continue for some time at state and federal level; legally, because of the questions of constitutional law involved; economically, because of their potential to affect labour costs, employment and productivity levels; and socially, because of their potential to affect earned incomes and non-wage benefits.

Speech by AIRC President, Justice Geoffrey Giudice, to the ACT IR Society annual conference, Canberra, June 16, 2005

16 June 2005

Reserve Bank Governor Ian MacFarlane supported IR reform noting that it had allowed the economy to run faster without generating inflation.

Australian Institute of Company Directors Q&A Session

19 June 2005

The Treasury released a paper arguing that if labour protection provisions were removed entirely from the Australian labour market, then annual productivity growth would be 0.25% higher.

Comparing Australian and United States productivity

19 June 2005

ACTU launches an $ 8 million radio and television advertising campaign to challenge the federal government’s proposed changes to industrial relations laws.

ACTU advertising campaign

21 June 2005

The ACTU’s TV advertising campaign against the proposed changes to unfair dismissal laws, which depicted a mother being dismissed by her employer, drew criticism by Minister Andrews.

Response by Kevin AndrewsACTU view

21 June 2005

17 academics drew up a report of the proposed IR reforms arguing that  the reforms will remove employees’ rights at work, deliver one-way flexibility , do nothing to increase productivity, and disadvantage the most marginalised workers.

17 Academics report card

21 June 2005

Minister Andrews says he is considering changing the working week to 40 hours, instead of 38 hours, as standard in most awards at present.

Minister discusses proposed IR changes

22 June 2005

The Prime Minister says that his Government will not be proposing a 40-hour week.

Doorstop interview with the Prime Minister

24 June 2005

NSW Liberal leader John Brogden confirmed he would cede NSW’s IR powers to Canberra if he won office arguing that the country could no longer sustain six separate and different IR systems.

Practical Federalism

26 June 2005

The Liberal Party’s Federal Council supported motions calling for state IR systems not to be over-ridden by federal laws.

PM brushes off dissent

30 June 2005

Workplace stoppages occurred across the country with an estimated 100 000 assembling to protest the proposed IR changes in Melbourne. At the Melbourne rally, Kim Beazley committed the ALP to collective agreements and right of entry.

Beazley vows to keep industrial fires burning

5 July 2005

Opinion polls show a slump in popularity of the Government attributed to the successful ACTU campaign over the proposed IR reforms. Employers call for stalled legislation (ban on pattern bargaining and small business redundancy protection) to be brought on as soon as Parliament resumes.

ACNielsen poll in Fairfax newspapers

9 July 2005

Government commences $20 million advertising campaign in weekend newspapers to counter that of the ACTU. All agreements will be required by law to meet the new test set out by the Australian Fair Pay and Conditions Standard, protecting four weeks annual leave, personal/carers’ leave, unpaid parental leave, a standard 38 hour week, with minimum wages to be set by the new Fair Pay Commission.

Newspaper advertisement

10 July 2005

Anglican Primate Dr Phillip Aspinall joined other church leaders (Catholic Archbishop George Pell) in expressing concerns about the Howard/Andrews IR proposals, especially a minimum wage falling in real value.

Aspinall joins the fight on IR laws

Pell warns Howard...

11 July 2005

PM Howard’s address to Sydney Institute acknowledged that a radical overhaul of IR culture was his Government’s objective, describing cultural change as “the most important change that could be made to the labour market”, and cited that a new breed of worker, the ‘enterprise worker’ had arrived in the Australian labour market.

PM’s speech to the Sydney Institute

15 July 2005

Qld Government commences campaign to counter the Federal Govt campaign

 

15 July 2005

Prime Minister announced a new taskforce “communicating details of the Government’s workplace reforms to the Australian community”.

IR Task Force

18 July 2005

WA Anglican Archbishop Roger Herft supports proposed IR changes

WA Anglican leader backs workplace laws

22 July 2005

The ALP and ACTU propose to contest the use of Commonwealth funds to counter the ACTU advertising campaign, on the basis that there is no Budget allocation for it.

Union, Labor threat to challenge IR ads in court

27 July 2005

Australians are overwhelmingly opposed to the Federal Government’s proposed exemption from unfair dismissal laws for companies with 100 employees or less, according to the latest Morgan Poll.

Australians overwhelmingly against changes - poll

29 July 2005

The High Court refuses to issue an injunction to stop the Government’s advertising campaign.

High Court hearing decision

2 August 2005

The Victorian Government says it will protect award conditions for more than 250,000 State public sector workers from the Federal Government IR changes.

States set to unite against IR changes

2 August 2005

PM John Howard says “current arrangements” are going to continue in relation to meal-breaks for workers.

PM radio interview 2 Aug 2005

3 August 2005

The National Farmers’ Federation (NFF) warned it would not support changes that left its members worse off.  Many family-owned farms may be excluded from the package unless they forgo tax benefits and become incorporated.

IR reform may isolate farmers

4 August 2005

PM John Howard says talks underway with the NFF to ensure farmers faced “no disadvantage as a result of the introduction of these changes”

States to join IR case-

4 August 2005

A leaked Federal Government’s confidential brief to advertising agencies says the Government wants to run a “reassuring campaign”

IR ads to focus on lifestyle

5 August 2005

Workplace Relations Minister Andrews meets state counterparts in Melbourne, to try to convince them to surrender their industrial powers.

State and Territory Ministers reject the Federal Government’s invitation.

Minister Andrews states that the reforms will not cut take-home pay and living standards.

Battle for IR clout taken to states

States throw out IR reforms

Minister Andrews' doorstop interview

5 August 2005

NSW survey by ACCIRT of 5000 people aged 12-25 shows that under the proposed IR changes young people could be easily exploited.

Young People and Work Survey 2005

5 August 2005

The Business Council of Australia releases a research report by Access Economics (Locking in or losing prosperity? 2005 and beyond) which claims that urgent political action is needed to halt the decline of productivity and economic competitiveness.

BCA Report - Locking in or Losing Prosperity

7 August 2005

PM John Howard says his government will not erode the minimum wage; and workers changing jobs will have the choice of taking a contract or staying in an award.

'Insiders' program

8 August 2005

Anglican Archbishop of Sydney Peter Jensen issues a statement, arguing that changes in workplace relations must not be taken lightly, as they will affect families.

Archbishop Jensen's statement

8 August 2005

The AIRC gives workers “right to request” variations to conditions, including taking an extra 12 months unpaid parental leave; returning to work part-time until a child reaches school age; extending carers’ leave to 10 days and extending simultaneous parental leave to a maximum of 8 weeks.

AIRC Decision

AIRC Statement

9 August 2005

Minister Andrews suggests a 3-year transitional period for sole traders and farmers to incorporate their operations.

Business slams 3 year confusion

9 August 2005

Advertising agency Dewey Horton wins the tender for the Federal Government’s $20 million IR advertising campaign. Agency head Ted Horton handled the federal election advertising campaign for the Liberal party.

Libs’ election ad man awarded IR campaign

10 August 2005

The Australian Chamber of Commerce and Industry explains that the AIRC’s parental leave ruling does not give workers the right to have extra time off after the birth of a child.

ACCI Message to employers

11 August 2005

Premier Beattie introduces legislation into Qld Parliament to protect existing employees entitlements prior to federal IR takeover

Workers rights move

11 August 2005

Minister Andrews confirmed that those who have better long service leave provisions than 4 weeks in awards will keep these provisions.

Labour Force Figures July

12 August 2005

WA Government makes a submission in support of the ACTU and Federal Labor’s High Court challenge against the Howard Government’s use of public money to fund the IR advertising campaign.

State enters IR court challenge

13 August 2005

Victorian Premier Steve Bracks releases a blueprint for economic reform, suggesting a new federal-state compact to keep Australia near the top of the world’s economic ladder.

A Third Wave of National Reform

15 August 2005

The ACTU presented parliamentarians with a new booklet detailing actual workers' experiences under the Howard Government's industrial relations laws. The workers' stories are typical of the problems facing up to ten million working Australians whose rights are threatened by proposed reforms.

Why workplace rights are important to Australian families – ACTU Booklet

15 August 2005

WA National Party’s annual conference expresses concerns with federal IR takeover proposal and dismissal exemption at 100 or less employees.

PM rebuffs nationals on IR fears

16 August 2005

A convoy of hundreds of truck owner-drivers travels from Sydney to Canberra to protest against the proposed IR changes.

Cabinet disorder on IR deepens

17 August 2005

House of Representatives Employment Committee  reports on labour hire and contracting.

Making it work

17 August 2005

Government support for a Senate inquiry into the proposed IR bill/s terminates.

Andrews backs down on workplace inquiry

18 August 2005

Prof. David Peetz (Griffith University) claims the IR proposals will result in a “highly complex system of partisan regulation hard to match in the industrialised world”

Australian Bulletin of Labour, June 2005

19 August 2005

Senior workplace relations lawyers have been seconded by the federal government to assist in drafting the WR Act.  The ACTU claims this is giving big business a boost.

Employers' advocates help draft IR bill

23 August 2005

Victorian Government announces a new workplace rights advocate to warn employees against signing inferior agreements.

Workplace rights advocate

26 August 2005

Unions plan to levy members additional $5.50 pa for 2 years to fund IR advertising campaign.

Unions levy millions for IR battle

29 August 2005

Research by the University of Sydney’s Centre for Industrial Relations Research and Training (ACIRRT) challenges PM Howard’s claim that average workers have enjoyed a 14% pay rise since 1998.

Real Earning Trends

29 August 2005

PM Howard says the ACIRRT analysis of his claim is “fundamentally flawed”.

Real wages –PM’s Press Release

1 September 2005

Tasmanian Government proposes to protect workers on Tasmanian awards

‘PM sidesteps IR questions’

2 September 2005

AIRC President Justice Geoffrey Giudice mounts a spirited defence of the institution’s record in setting minimum wages; he also outlines a proposed set of criteria for assessing the structure of the Fair Pay Commission.

Speech to the IR Society of the Northern Territory

9 September 2005

The Australian Catholic Commission for Employment Relations queries key elements of the IR proposals, suggesting they could lead to lower wages and impose unfair burdens on low-paid workers.

Briefing Paper No.1 on the Commonwealth Government's proposals

14 September 2005

The International Monetary Fund’s staff report on Australia says the proposed IR legislation would widen employment opportunities and raise productivity by enhancing flexibility in work arrangements.

IMF  - Australia - 2005 Article IV consultation - staff report...

14 September 2005

The workplace relations debate is one of the main reasons Australians say they will change their voting intentions at a federal election, a new survey has found. Small businesses are keen on reform, but workers fear it would not be good for them.

Jury out on reform agenda – newspaper article

15 September 2005

ACTU President Sharan Burrow writes to the Managing Director of the IMF concerning the IMF’s support for the Federal Government’s recently proposed reforms of industrial relations in Australia.

Response from the IMF

15 September 2005

Secret focus groups used to trial the Federal Government’s $20 million advertising campaign on workplace reforms have been left confused and concerned about the changes.

It doesn't work - $20m work reform ads off target – newspaper article

20 September 2005

PM Howard says that the forthcoming IR laws would remove any award provision (state or federal) that restricted the range of apprenticeships, and that the Australian Fair Pay Commission (AFPC) would set competitive apprentice/trainee wages.

Workplace Relations Reform and Apprenticeships – Press Release

21 September 2005

The ACTU criticises the proposed changes, claiming they remove protections that ensured apprentices got full quality qualifications and wage safety nets.

Apprentice wage fears – newspaper article

21 September 2005

The ACTU lodges its last national wage claim with the AIRC, seeking a rise of 4% for lowest paid workers.  This would lift the minimum wage to above $500 a week.

ACTU makes final wages bid – newspaper article

22 September 2005

The next sitting of the House of Representatives is delayed a week (until 10 October), as drafting of the IR reform bill/s is incomplete.

 

24 September 2005

ACTU commences second round of advertisements against the proposed reforms at AFL Grand Final, Melbourne MCG.

 

27 September 2005

Economist Mark Wooden argues that the proposed reforms limit choice by not effecting collective preference for collective agreements.

Australia’s Industrial Relations Reform Agenda

29 September 2005

High Court refuses ALP/ACTU application for an injunction against Government advertisements

High Court Orders

Reasons for the decision

29 September 2005

PM John Howard proposes financial assistance of up to $4000 for those unlawfully dismissed after the reforms are passed

PM’s statement

5 October 2005

Minister Andrews announces that DEWR’s office of workplace services (OWS) will takeover the Employment Advocate’s compliance/inspectorate functions

OWS statement

5 October 2005

Anglican Archbishop Watson criticises the proposed IR reforms

Speech

9 October 2005

PM John Howard and Minister Andrews jointly announce details of the Australian Government’s move towards one simpler national workplace relations system.

Work Choices: A New Workplace Relations System

9 October 2005

Transcript of Joint Press Conference of the Prime Minister and Minister  Andrews: Parliament House, Canberra: Workchoices

Press Conference

9 October 2005

The Government’s IR television advertising campaign begins.

Prime-time launch-newspaper article

10 October 2005

The Senate proposes to review the Work Choices Bill by 22 November 2005.

Senate Reference

13 October 2005

PM Howard announces Professor Ian Harper to chair the Australian Fair Pay Commission.

Press Release - Hon Kevin Andrews MP

13 October 2005

The Federal Government agrees to a Senate inquiry into its new IR legislation.

Press Release

17 October 2005

Salvation Army says that the Federal Government’s IR reforms are not the best way of reaching full employment.

Media Release – Salvation Army

18 October  2005

Minister Andrews rejects Salvation Army criticisms of the Workplace Reforms.

Press Release - Hon Kevin Andrews MP

19 October 2005

Social Action Office which represents 20 religious orders joins the ecclesiastical resistance to the Federal Governments IR changes.

Briefing Paper – Social Action Office

20 October 2005

ACNeilsen figures reveal that the government has spent $15 million in the first fortnight of its advertising campaign.

$15m spent on IR advertising - Newspaper article

21 October 2005

Prime Minister estimates the government will spend up to $ 40 million advertising its workplace reforms.

Transcript of the Prime Minister, The Hon John Howard MP - Interview With Neil Mitchell, Radio 3AW, Melbourne

25 October 2005

Newspoll survey shows that voters  are concerned about the government’s proposed industrial relations changes.

Newspoll Survey - Newspaper article

26 October 2005

ACNielsen polls published in the Sydney Morning Herald and Age newspapers  show that  a majority of people think that workplace relations changes would  not affect them directly.

ACNielsen Opinion PollsSydney Morning Herald

ACNielsen Opinion Polls - Age

26 October 2005

Former Prime Minister Bob Hawke critical of the forthcoming industrial relations reforms.

Lionel Murphy Memorial Lecture

27 October 2005

The IMF responds to the President of the ACTU (see 15 September 2005).

Response from the IMF

30 October 2005

The Business Council of Australia begins airing advertisements on television proclaiming the need for a new industrial relations system and economic reforms.

BCA press release

31 October 2005

The Australian Chamber of Commerce and Industry issues a report pushing the case for creating a single national industrial relations system that overrides those of the states.

Functioning Federalism... – ACCI Report

2 November 2005

The Workplace Relations Amendment (WorkChoices) Bill 2005  is introduced into the House of Representatives by Minister Andrews.  It is 687 pages, with a 565-page Explanatory Memorandum

 

2 November 2005

The Opposition sought to delay the Minister's second reading speech, with Shadow IR Minister Stephen Smith arguing it was a clear breach of standing orders to proceed when ALP members did not have copies of the bill or the explanatory memorandum (only two were made available on the parliamentary table.)
The Speaker, however, rejected his position, after copies of the legislation were distributed in the Lower House - a ruling to which the Opposition formally dissented.

 

4 November 2005

Australia's Anglican Archbishops and 17 Anglican Bishops expressed "grave concerns" that there will not be enough time to assess properly the Federal Government's proposed industrial changes.

Statement of Anglican Leaders' approach to 'WorkChoices' legislation

8 November 2005

Business Council of Australia president Michael Chaney says the proposed workplace changes are the continuation of a necessary process that began 20 years ago, and not a  radical overhaul to be resisted.

Renewed reform: why it's an imperative

10 November 2005

The federal government guillotined debate on the IR reforms. Leader of the House, Tony Abbott, claimed that more time had been spent debating the changes than on any other bill (more than 24 hours). Labor said that more than 20 members had been denied their wish to speak on the Bill

The Bill passed 80 votes to 61.

The fast-track Senate inquiry will hold five days of hearings in Canberra, and will report on Tuesday November 22.

PM Howard's speech on the need for the legislation.

The Special Minister for State Eric Abetz introduces the workplace reforms legislation to the Senate.

HoR Hansard 10 November 2005

10 November 2005

Trade unions seek to sidestep the new system for setting minimum wage increases by asking state industrial commissions to award a 4% pay rise next year. (Victoria excepted)

Unions hit back with wage claim – newspaper article

14 November 2005

15 November 2005

16 November 2005

17 November 2005

18 November 2005

The Senate Employment, Workplace Relations and Education Committee’s Inquiry into the Workplace Relations Amendment (Work Choices) Bill 2005 begins.  Among attendees are the Department of Employment and Workplace Relations; State and Territory Ministers for Industrial Relations; Australian Industry Group and the Uniting Church.

Attendees include the Housing Industry Association, National Farmers Federation, Australian Chamber of Commerce and Industry; the Finance Sector Union and the Australian Services Union.

Attendees include the ACTU; Shop, Distributive and Allied Employees’ Association; ACROD;  Australian Nursing Federation.

Attendees include the Australian Workers Union; the Human Rights and Equal Opportunity Commission; the Transport Workers Union; the Master Builders Association; Prof David Peetz and Prof Andrew Stewart (specialists on labour law)

Attendees include Australian Mining and Metals Association; University of Melbourne Law School; and the Department of Employment and Workplace Relations.

Key Submissions

Transcript 14 November 2005

Transcript 15 November 2005

Transcript 16 November 2005

Transcript 17 November 2005

Transcript 18 November 2005

15 November 2005

National Day of Community Protest against the federal government’s proposed industrial relations changes. The ACTU claims that half a million people took to the streets of cities and towns across Australia to protest against the industrial relations reforms. However the ACCI said more than 95% of workers had ignored the call to join the protest.

 

20 November 2005

In a report and interview on Channel 9’s Sunday program, both PM Howard and Workplace Relations Minister Andrews were confronted with real life situations in which workers were losing wages and conditions through individual agreements.

Transcript - Sunday Program

22 November 2005

Polling shows the Government losing ground to Labor, with the unpopular workplace changes giving Labor a boost.

Labor surges to lead as IR fury bites

22 November 2005

The Senate inquiry report recommends that  the Government's workplace relations legislation should be passed by Parliament and made law. However, all non-government senators, in dissenting reports, were opposed to the contentious Work Choices Bill.

Provisions of the Workplace Relations Amendment (Work Choices) Bill 2005

25 November 2005

Australian Catholic Bishops Conference called the IR proposals immoral and urged several changes.

Statement and media release  

25 November 2005

A meeting of the Queensland Nationals management committee urged that changes be made to the IR Bill., however no resolution was passed.  The Nationals had earlier voted with the Beattie Labor Government in a motion in State Parliament calling on Qld senators to reject the reforms.  Federal Nationals leader Mark Vaile claims that any changes would be minor and acceptable

Newspaper article

28 November 2005

Dr Don Edgar, founding head of the Australian Institute of Family Studies, releases a “family impact statement” commissioned by Unions NSW, which states that the IR proposals will damage relationships within families.

Family Impact Statement

28 November 2005

A research paper produced by the Commonwealth Parliamentary Library reviews the Commonwealth’s power to establish a single IR system, and suggests that employers should factor in the prospect of legal uncertainty from constitutional challenges to the Work Choices legislation.

The Constitution and industrial relations: is a unitary system achievable?

29 November 2005

The Australian Chamber of Commerce and Industry released a paper canvassing economic arguments in favour of IR changes to simplify costs of workplace regulation.

The Economic Case for Workplace Relations Reform

29 November 2005

The November Sensis Business Index found most smaller business operators believe the new laws will have no real impact on business.

Newspaper article

Sensis Business Index Nov 2005

30 November 2005

The Democrats propose extensive amendments which unwind many of the key provisions of the legislation; only one is passed. The Greens and Family First also propose amendments which are rejected.

Legislative documents

30 November 2005

National Senator Barnaby Joyce wins some concessions to the legislation – the right to refuse to work on “iconic” public holidays; guaranteed fortnightly pay (unless agreed otherwise); and changes to the unfair dismissal provisions.

 

2 December 2005

The Work Choices Bill with Government amendments passes the Senate 35-33. A time limit on debate on amendments is imposed by the Government.

Workplace Relations Amendment (Work Choices) Bill 2005

7 December 2005

The Work Choices Bill passes the House of Representatives.  Most provisions are expected to apply from March 2006; setting up the Fair Pay Commission and removing the obligation for small businesses to pay severance will take effect once Royal Assent is given.

Amended Workplace Relations Act

8 December 2005

Tasmanian teachers cancel federal award, revert to State award to avoid Work Choices. Tasmanian nurses to do likewise.

Newspaper article

Newspaper article

9 December 2005

PM Howard justifies the absence of union bargaining rights in Work Choices as support for ‘minority rights’.

Newspaper article

14 December 2005

Barrister Steve Crawshaw SC suggests that to counter Work Choices’ industrial action provisions, the States enact trade union immunity legislation to prevent state courts being used in common law actions for damages against unions

 

14 December 2005

Key parts of the Work Choices Act are given Royal Assent. This will establish the Fair Pay Commission; exempt businesses employing 15 or fewer from redundancy pay; and create a national regime regulating the employment of school-based apprentices and trainers. Most provisions in the Bill’s Schedule 1 are not expected to come into force until March 2006.

 

19 December 2005

The Australian reports on a previously unreleased Treasury Minute which concludes that wage rises will be smaller and productivity increases less, under WorkChoices.

Treasury Executive Minute

19 December 2005

Minister Andrews releases two discussion papers on award rationalisation and award simplification, which will guide the Award Review Task Force. The papers seek feedback by 31 January 2006.

Discussion Papers

20 December 2005

Allegations concerning trading while insolvent raised over a company which went into receivership while Professor Harper (Chair, Fair Pay Commission) acted as a director.

Newspaper article

21 December 2005

AIRC agrees to defer safety net award wage hearings until the Fair Pay Commission makes its first decision on minimum wages expected in Spring September 2006.

AIRC decision

21 December 2005

The Australian  releases opinion poll results showing that anger against Work Choices is subsiding.

Opinion poll- newspaper article

21 December 2005

NSW announces measures to protect collective bargaining against Work Choices in NSW; lodges a writ in the High Court challenging the constitutional basis of Work Choices, and proposes to expand the scope of the NSW IR Commission to allow it to conciliate and arbitrate over common law industrial agreements.

Western Australia also lodges a challenge

NSW fires shots in IR war – newspaper article

04 January 2006

Australian Business Limited has branded the federal government’s advertising campaign for Work Choices a failure, as only 13% of employers claim to understand the changes.

Press Release - Australian Business Limited

17 January 2006

The first Newspoll of the year shows that John Howard has experienced a resurgence in popularity after a poor performance during the IR debate.

Howard rebounds from IR poll mauling – newspaper article

17 January 2006

An ALP Parliamentary IR Taskforce is set to tour Australia to gauge the effects of the Howard Government’s WorkChoices legislation and will report to Opposition Leader Kim Beazley and Caucus on 8 May. It will be headed by Victorian MP Brendan O’Connor, who said it had been established to ‘highlight the adverse consequences’ of the IR legislation.

Press Release - B. O'Connor MP

22 January 2006

Tasmania lodges a High Court challenge to the IR laws.

 

23 January 2006

The Australian Government announces the appointment of 6 people to the Award Review Taskforce Reference Group

Press release - Minister Andrews

25 January 2006

ACTU Secretary Greg Combet condemned the award rationalisation process, and criticised the absence of any women on the Taskforce Reference Group.

 

30 January 2006

NSW IR Commission allows federally regulated employees to seek reinstatement in the NSW jurisdiction via their union notifying a collective dispute – challenging the Workplace Relations Act

Decision

31 January 2006

Queensland lodges a High Court challenge to the new IR laws.

 

2 February 2006

The full bench of the NSW Industrial Relations Commission has ruled that it has the power to reinstate a sacked federally-covered worker, under s137(1)(b) of the NSW IR Act.

 

7 February 2006

Minister Andrews reschedules the next Workplaces Relations Ministerial Council meeting to May.  NSW IR Minister Della Bosca says that is too late for the states and territories to be adequately informed about the implementation phase of the Work Choices Act..

 

8 February 2006

In a Directions Hearing, the High Court provisionally set aside 8–12 May to hear State (and other) submissions on the constitutionality of Work Choices.

 

9 February 2006

Award Review Taskforce meets for first time. Qld barrister Andrew Herbert replaces the AWU’s  David Cragg on the Taskforce, after the ACTU said it would not be party to award ‘slash and burn’. Chair of the Taskforce argues that contradictions of Work Choices have made awards more complicated and may seek an extension for reporting.

Submissions on award rationalisation

16 February 2006

Senate Estimates reveal that almost $750,000 has been spent on external law firms in 2005-06 to draft the new IR laws and regulations and the total cost of Work Choices across a number of agencies will be $458.9m over 4 years.

Senate Estimates 16 February 2006

2 March 2006

Treasurer Peter Costello warns the States not to withhold reference of powers (re corporations power). A previous limited term referral was due to expire mid year.

House of Representatives Hansard 2 March 2006

2 March 2006

Finance Minister Senator Minchin addresses a meeting