The Federal Government has announced it will implement the first tranche of recommendations arising from the independent Fair Work Act Review.

 

“Since releasing the report, I have consulted a range of stakeholders about the Review Panel’s recommendations, including  unions and employer representatives, small business and individual employers.  I have also consulted with my State and Territory colleagues, the President of Fair Work Australia and the Fair Work Ombudsman,” Federal Minister for Employment and Workplace Relations Bill Shorten said.

 

“From my consultations so far, it is clear that there is broad support for around one third of the Review’s 53 recommendations.  It is also clear that there is diverging views on the remaining recommendations.”

 

The Federal Government has announced it also intends to implement a range of recommendations made by the Productivity Commission following its final report into default superannuation funds.

 

A summary of the items to be included in the first tranche response are below.

Number

Recommendation

14

The Panel recommends that the FW Act be amended to expressly empower FWA to strike out an award variation application that is not made in accordance with the FW Act, is frivolous or vexatious or which has no reasonable prospects of success.

15

The Panel recommends that s.160 be amended to provide that the parties entitled to bring an application to make, vary or revoke a modern award under s. 158 can also apply to vary a modern award to remove an ambiguity or uncertainty.

16

The Panel recommends that s.238(3) be amended to require an applicant for a scope order to ‘take all reasonable steps’ to notify all other relevant bargaining representatives of the application.

19

The Panel recommends that s.174 be amended to provide that a bargaining notice must address only the matters specified in that section and the regulations made under it.

21

The Panel recommends that s.176 be amended to prevent an individual union official being a bargaining representative for employees for whom the official’s union does not have coverage.

23

The Panel recommends that the FW Act be amended to prohibit enterprise agreement clauses which permit employees to opt out of the agreement.

26

The Panel recommends that the FW Act be amended to prohibit the making of an enterprise agreement with one employee.

32
(a) – (d)

The Panel made four recommendations regarding protected action ballots.  Two technical amendments regarding the conduct of protected action ballots and two amendments to clarify who can be included on the roll of voters for a protected action ballot.

40

The Panel recommends that the time limit for lodging unfair dismissal applications should be extended to 21 days (to align with the recommended amended time limit for general protections claims involving a dismissal).

42

The Panel recommends that the FW Act be amended to give FWA the discretionary power to dismiss applications under s. 394 in circumstances where the parties have concluded a settlement agreement, or where an applicant fails to attend a proceeding relating to the application, or where the applicant fails to comply with FWA directions or orders relating to the application.

44

The Panel recommends that the FWA President give consideration to requiring applicants to provide more information about the circumstances of the dismissal in the initial documentation lodged with FWA.

45

The Panel recommends that the FW Act be amended to allow FWA to make costs orders against a party that has unreasonably failed to discontinue a proceeding, or that has unreasonably failed to agree to terms of settlement that could have lead to discontinuing the application, or that has through an unreasonable act or omission caused the other party to incur costs.

46

The Panel recommends that s. 401 be amended to allow FWA to make an order for costs against a lawyer or paid agent whether or not FWA has granted permission for the lawyer or agent to represent a party in the relevant application.

49

The Panel recommends that s. 366 be amended to reduce the time limit for lodging a general protections claim relating to a termination of employment to 21 days (to align with the recommended amended time limit for unfair dismissal applications).

50

The Panel recommends that the FW Act be amended to change the name of Fair Work Australia to a title which more aptly denotes its functions. It is recommended that the new title contain the word ‘Commission’ and that it no longer contain the words ‘Fair Work’.

51

The Panel recommends that s. 660 of the FW Act be amended to require that the appointment of the General Manager by the Governor-General be on the nomination of the President.

52

The Panel recommends that the FW Act be amended to allow the President or any Deputy President to stay the operation of a decision under appeal or review, whether or not the President or Deputy President is a member of the Full Bench hearing the appeal or conducting the review.

53

The Panel recommends that the power to appoint Acting Deputy Presidents for specified periods in s. 648 be extended to the appointment of Acting Commissioners.