This is The Australian’s 8 December 2022 headline. It reflects the result of its 2022 CEO Survey. We’re not surprised. It echoes the observation made in our previous blog about the new laws getting much C-suite interest....more
Across a range of disciplines, the Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 will bring a paradigm shift. Indeed, on our count, there are thirteen new civil penalty laws aimed at employers arising from new...more
In our previous blog, Chris Gardner and I explained why in our view, if the Secure Jobs, Better Pay Bill was made law, it would spell the end of single-enterprise bargaining. We said this would happen because many employers...more
The Federal Government recently introduced the Secure Jobs, Better Pay Bill 2022 (Cth) (Bill) into Parliament, which proposes to amend the Fair Work Act 2009 (Cth) (Act) and the operation of the Fair Work Commission (FWC). ...more
As you will recall, the view of many is that enterprise bargaining in Australia has run its course. Essentially the view is that there’s little incentive for an employer to bargain (beyond avoiding harm to the business...more
In a previous blog, we’ve mentioned the decline of enterprise bargaining in Australia. Some data to support this follows in this blog. Both agreement numbers and employees covered by in-term agreements are in decline....more
In yesterday’s blog, we commented on the state of play in enterprise bargaining in Australia. So what’s the outlook for enterprise bargaining in Australia? Here’s the top 7...more
A consistent theme in recent years for both employers and unions is that enterprise bargaining is broken. The genesis of enterprise bargaining in the mid 1990’s lay in its potential to generate productivity gains at a time...more
At a recent industry conference, a keynote speaker talked about great outcomes a number of our clients achieved in a critical enterprise bargaining round. One observation was the importance of “patience“ – with which we...more
Employers will need to be prepared for close scrutiny of enterprise agreements that use a “small group” or “seed group” approach, following a number of recent developments in enterprise bargaining. The recent Federal Court...more
In August 2016, workers at Anglo Amercian's German Creek coal mine in Central Queensland engaged in a protracted period of industrial action during bargaining negotiations for a new enterprise agreement. In order for mining...more
In 1993, the Keating government passed laws to move Australia towards a “system based primarily on bargaining at the workplace, with much less reliance on arbitration at the apex” (Laurie Brereton MP, Minister for Industrial...more
Often enterprise bargaining ends with a deal brokered in circumstances of crisis. Perhaps industrial action and a union media campaign are now viewed as too distracting or expensive. Perhaps management discontent with long...more