Award simplification - employer submissions

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Award simplification - employer submissions

The Australian Chamber of Commerce and Industry (ACCI) and the Australian Hotels Association (AHA) are the employer parties to the Federal Award Simplification Test Case.

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The Australian Chamber of Commerce and Industry (ACCI) and the Australian Hotels Association (AHA) are the employer parties to the Federal Award Simplification Test Case. A summary of the submission they will be presenting to the Australian Industrial Relations Commission follows:

"[R]emoval from awards of provisions which are neither allowable, nor incidental and necessary for the effective operation of the award [as per s 89Aof the Federal Workplace Relations Act 1996];

"removal from awards of limitations in the number or proportion of employees that an employer may employ in a particular type of employment, and removal of provisions setting a maximum and minimum hours of work for regular part-time employees [as per s89A(4)];

"removal of preference and right of entry clauses, and other non-allowable provisions relating to trade unions [as per ss3(b), 3(f), 89A, 94, 113B, 127AA, 298K, 298L];

"ensuring that each award:

"does not include matters of detail or process that are more appropriately dealt with by agreement at the workplace or enterprise level; and

"does not prescribe work practices or procedures that restrict or hinder the efficient performance of work;

"does not contain provisions that have the effect of restricting or hindering productivity, having regard to fairness to employees [s143(1B) and item 49(7) of Schedule 5 of the transitional provisions];...

"contains facilitative provisions that allow agreement at the workplace or enterprise level, between employers and employees (including individual employees), on how the award provisions are to apply;

"contains provisions enabling the employment of regular part-time employees;

"is expressed in plain English and is easy to understand in structure and content;

"does not contain provisions that are obsolete or that need updating;

"provides support to training arrangements through appropriate trainee wages and a supported wage system for people with disabilities; and

"does not contain provisions that discriminate against an employee because of, or for reasons including, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin [s143(1C) and item 49(8) of Schedule 5 of the transitional provisions]."

The test case is being based on the Hospitality Industry - Accommodation, Hotels, Resorts and Gaming Award 1995. The hearing dates are 16, 17, 22 and 24 October, and 3, 5, 6, 7, and 17 November.

 

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