Fair Work bargaining provisions — the first 100 days

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Fair Work bargaining provisions — the first 100 days

The Australian Industry Group has released a publication on the first 100 days of the Fair Work system — looking particularly at the new bargaining provisions.

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The Australian Industry Group has released a publication on the first 100 days of the Fair Work system — looking particularly at the new bargaining provisions.
 
The booklet is available online.
 
In the Overview the booklet notes:
‘The Fair Work Act and related legislation commenced on 1 July 2009 …The introduction of the new laws coincided with the expiry of a large number of enterprise agreements. More than 5000 enterprise agreements expire in 2009, including around 1300 in the manufacturing industry.
 
The Fair Work legislation was a massive drafting exercise and it will be some time before the law is tested and settled …’
Some key parts
 
Some of the key sections of the publication are:
  • Industrial climate good faith bargaining requirements
  • Does industrial action need to be a last resort?
  • What is the relationship between the good faith bargaining requirements and the concept of ‘genuinely trying to reach agreement’?
  • Need to particularise enterprise agreement claims.

 

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