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It involves a number of “reforms” that clearly increase profits for business and attack conditions and pay for workers, particularly those in casual and insecure work — the very workers hit hardest by the COVID-19 lockdowns and those most likely to have been essential workers during that time. The first bill was carried easily, with the full support of the Australian Labor Party. The second will face greater challenges as it was not even discussed with the Australian Council of Trade Unions (ACTU) and it ignores the Better Off Overall Test (BOOT). The Socialist Alliance believes that bo...

Seafood Processing Award 2020; and Vehicle Repair, Services and Retail Award 2020. This may incentivise employers covered by these modern awards to prefer permanent part-time employees rather than relying on casual employees. The proposed provisions apply to part-time employees who work at least 16 hours but less than 38 hours a week and whose shifts are for at least three hours (which may include an additional hour). The Government recognises that organisations covered by these modern awards have been hit hard by the COVID crisis and employers are likely to welcome the increased flexibility ...

Source: Unsplash/Marcin Jozwiak. Over the last six months, the federal government has been openly critical of the decisions of the Federal Court of Australia in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 and WorkPac Pty Ltd v Skene [2018] FCAFC 131. It has also recently supported a successful application for special leave to appeal the Rossato decision in the High Court of Australia, which is likely to be heard sometime next year.  In the meantime, Attorney-General Christian Porter has introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020, whic...

On 9 December 2020, the Federal Government introduced the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020 ( the Bill) to Parliament which will seek to implement reform to several major elements of Australia's industrial relations laws. This article provides a high-level overview of some of the key points of the Bill. New arrangements for casual workers Casual employment defined The Bill introduces a definition of casual employment into the Fair Work Act for the first time; that definition will draw on established common law principles and focus on the nature ...

Australian Council of Trade Unions secretary Sally McManus described the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 as “dangerous and extreme”. She compared it to former-prime minister John Howard’s attacks on unions and workplace rights under the WorkChoices legislation. “WorkChoices allowed employers to cut wages, and this proposal will do that as well”, McManus said on December 8. “When WorkChoices was introduced [in 2006] employers rushed out to cut wages, the same will happen if this law passes. Some workers are still stuck with WorkCh...