Consideration of the Provisions of the Workplace Relations Legislation Amendment (More Jobs, Better Pay) Bill 1999

Consideration of the Provisions of the Workplace Relations Legislation Amendment (More Jobs, Better Pay) Bill 1999

November 1999

© Commonwealth of Australia 1999
ISSN 1441-9890

View the report as a single document - (PDF 1914KB)

View the report as separate downloadable parts:

Members of the Committee (PDF 99KB)
Terms of reference (PDF 117KB)
Preface (PDF 105KB)
Introduction - The workplace relations legislation amendment (More jobs, better pay) Bill 1999 (PDF 130KB)

Progress of the Bill
Workplace relations reform – the next phase
The provisions of the Bill
The Committee’s inquiry

Chapter 1 - Overview (PDF 128KB)

Australian Workplace Relations in Context

Chapter 2 - Objects of the workplace relations ACT 1996 (PDF 170KB)
Chapter 3 - The impact of the workplace relations ACT 1996 (PDF 168KB)

Wages, employment, productivity, and industrial disputation levels
Job security, unfair dismissals, employee entitlements and conditions
The roles, rights and obligations of employers, employees and their respective organisations
The Australian Industrial Relations Commission, the Office of the Employment
Advocate and the Industrial Registrar
Industrial democracy and employee ownership

Chapter 4 - Schedule 1 - Object of the workplace relations ACT (PDF 168KB)

Outline of proposed amendments
No presumption in favour of the extension of federal regulation
Award safety net of basic minimum wages and conditions
Unprotected industrial action inconsistent with Act
Arbitration, compulsory conciliation, voluntary conciliation and mediation

Chapter 5 - Schedule 2 - Renaming and restructuring the Australian industrial relations commission and registry (PDF 197KB)

Outline of proposed amendments
Change of name for Commission and Registry
Simplification of the Commission’s Presidential structure
Presidential members with legal qualifications
Fixed term appointments
Appointment of acting Commissioners
Annual training program for Commissioners
User-friendly systems and procedures
Harmonising administration of the Commission and Registry
Harmonising Registry appointments

Chapter 6 - Schedule 4 - Conciliation and Schedule 5 - Mediation (PDF 171KB)

Outline of proposed amendments
Compulsory and voluntary conciliation
Fees for voluntary conciliation

Chapter 7 - Schedule 6 - Awards (PDF 206KB)

Outline of proposed amendments
Provisions to regulate the log of claims process
Allowable award matters
Safety net increases linked to award simplification

Chapter 8 - Schedule 7 - Termination of employment (PDF 155KB)

Outline of proposed amendments
Constructive dismissal
Out of time Applications
Commission Certificates
Amendments in relation to costs

Chapter 9 - Schedule 8 - Certified agreements, Schedule 9 - Australian workplace agreements (PDF 181KB)

Certification of agreements by the Registrar, and by the Commission without hearings
Switching from s170LJ stream to s170LK stream, and extension, variation and
termination of agreements made under s170LK
Prohibition of anti-AWA provisions in certified agreements
Filing and approval of AWAs
AWAs for comparable employees
AWAs for high income earners
AWAs and protected industrial action
Allowing an AWA to prevail over a certified agreement
Enforcement powers of the Employment Advocate

Chapter 10 - Schedule 11 - Industrial action and schedule 12 - Secret ballots (PDF 202KB)

Outline of proposed amendments
Notice of industrial action
Suspension and termination of bargaining periods
Pattern bargaining
Amendment of section 127
Repeal of section 166A
Strike pay
Secret ballots

Chapter 11 - Schedule 13 - Right of entry (PDF 144KB)

Outline of proposed amendments
Abuse of right of entry provisions

Chapter 12 - Schedule 14 - Freedom of association (PDF 172KB)

Outline of proposed amendments
Closed shop provisions
Restrictive arrangements

Chapter 13 - Schedule 15 - Matters referred by Victoria (PDF 146KB)

Outline of proposed amendments
Enforcing terms and conditions of Victorian employees
Clarifying leave entitlements

Chapter 14 - Schedule 16 - Independent contractors (PDF 146KB)

Outline of proposed amendments
Repeal of the unfair contract provisions

Preface to Labor and Democrats minority reports (PDF 88KB)
Labor Senators' Report
Chapter 1 - Overview (PDF 217KB)
Chapter 2 - Economic conditions (PDF 221KB)
Chapter 3 - International obligations (PDF 178KB)
Chapter 4 - Standing of the Australian industrial relations commission (PDF 233KB)
Chapter 5 - Standing of the office of the employment advocate (PDF 164KB)

Chapter 6 - Balance and bargaining
Impacts on Industrial Action
Secret Ballots
Right of Entry
Freedom of Association

(PDF 343KB)
Chapter 7 - The needs of workers vulnerable to discrimination (PDF 229KB)
Chapter 8 - Work and family (PDF 199KB)
Chapter 9 - The impact on job security, unfair dismissals, job prospects, the protection of employee entitlements and conditions and whether these can be improved (PDF 245KB)
Chapter 10 - Victorian workers (PDF 156KB)
Chapter 11 - Independent contractors (PDF 135KB)
Chapter 12 - Conclusion (PDF 145KB)
Appendix 1 - ILO Committee of experts observations (PDF 112KB)
Australian Democrat Senators' Report (PDF 158KB)
Appendix 1 - List of submissions (PDF 117KB)
Appendix 2 - Witnesses who appeared before the Committee at the public hearing (PDF 134KB)

For further information, contact:

Committee Secretary
Senate Standing Committees on Education, Employment and Workplace Relations
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3521
Fax: +61 2 6277 5706