Initial thoughts on WorkChoices

I have a few excuses for not posting for several months after starting this blog.

First of all, because it is new, no one reads it. So this is like me talking to myself - which I tend to do, but... as general rule I do not admit this, nor do I create evidence of such for all to see. Second of all, I just moved to Melbourne last month for work, and I only just got my internet up.

On the topic of Melbourne - everything you hear is true! The people are generally very friendly, the food and restaurants are fantastic, the shopping is fantasic, the weather is just awful.

Well, I do intend to use this 'blog' for discussions on topics that are related to my profession. Current issue in point - WorkChoices. Now really, I promised I wouldn't say anything until I actually finished reading the Act and the regulations... which, like every IR consultant, lawyer and HR manager in Australia, I have been wading through for the passed couple of weeks... but, I do have some initial comments to make.

My first impression is that, in many ways, it doesn't have a massive impact on employers generally (with the exception of the unfair dismissal excemption - more on that later). Basically, they still have the same options for employing someone under the relevant award, or under one of the three types of Enterprise Bargaining Agreements (EBAs).

My second impression though, is that this is an absolute major overhaul of our Industrial Relations system - more so than I actually expected. Of particular significance - changes in the role of the Australian Industrial Relations Commission (AIRC) and the introduction of the Australian Fair Pay Commission (AFPC). I am yet to be convinced that there is any real justification for the existance of a body like the AFPC.

What doesn't suprise me is the amount of employees who've had their employment terminated since the introduction of the laws on the 27th of March, 2006. Honestly though, it appears that many employers have misunderstood their freedom from "unfair dismissal". Many dismissals could still arguably be catogorised as unlawful dismissal, especially those where the employee was on WorkCover. Unlawful dismissal is still attached to penalty units last time I checked. However, an employee's reduced access to justice (courts instead of the Commission) is very likely to see some employers sneak through even after an unlawful dismissal.

That is all I have to say for the moment...