The Super Unions are coming!

One of the criticisms levelled at the former Workplace Relations Minister Craig Laundy (who has now left politics) is that he did not do enough to prevent the merger of the CFMEU and the MUA (now known as the CFMMEU). This was a bit tough on Craig because the law did not permit any real grounds to stop the merger…

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The Federal Government starts making noises about IR reform

The Morrison Government has started making some noises about what it intends to do in reforming the laws around industrial relations. Those noises are made with considerable political caution. So far it’s all been about industry/employer groups being the engine room for suggestions of change. The political advantage in getting industry to suggest change rather than the government is that…

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Independent Contractors Might Be A Threatened Species

And you thought it was just an Australian issue. Wrong! The Supreme Court of California (yes, you read correctly, California) handed down a decision at the end of 2018 in a case involving the trucking firm Dynamex Operations West. Dynamex was using a business model that is popular in Australia where its drivers supplied their own vehicles (and fuelled and…

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Is the Fair Work Commission about to get a power boost?

Next month it will be thirteen years since the Howard Government introduced WorkChoices. It was then the most radical change in employment laws in Australia for close on a century. It amounted to a full throttle deregulation of the labour market. The union movement hated it and ultimately WorkChoices played a major role in the defeat of the Howard Government…

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Labor Party IR Policy Announced (Sort Of)

I had been waiting anxiously to advise all Workplace Advisory Group clients and readers of this blog about the industrial relations policy that a Shorten Labor Government would implement when it took office. I’d hoped the ALP National Conference would give me some meaty content upon which to blog. I got that wrong! Bill Shorten has announced the IR policy…

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Industry Bargaining: Will it Destroy Enterprise Bargaining?

When this writer first came into Industrial Relations the notion of “enterprise bargaining” did not exist. Wages were determined by the Award system. Wage negotiations were conducted by trade unions talking to major employers and industry associations, usually in that order! Unions would attempt to secure their desired deal by pressuring a small number of major companies and then moving…

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Is Leave Loading payable on termination of employment?

If you are an employer who has been employing people under Australian laws for many years you will definitely remember the days when employees were paid Leave Loading on termination in fairly limited circumstances. So, fast forward to September 2018 and abandon those memories! S. 90(2) of the Fair Work Act 2009 seemed to sneak up on employers without anyone…

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