Slow progress on bargaining legislation

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Slow progress on bargaining legislation

Employers believe proposed new Fair Work bargaining legislation doesn't fully address concerns with the bargaining framework, but will introduce new rigour to the process of obtaining protected action ballot orders. The legislation is still before a senate committee.

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Fair Work bargaining legislation is still in parliament before a senate committee.

The Senate Education and Employment Legislation Committee, in relation to the Fair Work Amendment (Bargaining Processes) Bill 2014, is continuing its sittings.

The bill seeks to implement elements of the government's pre-election policy by:
  • including an additional approval requirement for enterprise agreements (excepting Greenfields agreements) by requiring the Fair Work Commission (FWC) to be satisfied that productivity improvements at the workplace were discussed during bargaining
  • providing further guidance and transparency regarding when a protected action ballot order can be made, by requiring the FWC to consider a range of non-exhaustive factors to guide its assessment of whether an applicant for a protected action ballot order is genuinely trying to reach an agreement;
  • providing that the FWC must not make a protected action ballot order where it is satisfied the claims of an applicant for a protected action ballot order are manifestly excessive or would have a significant adverse impact on productivity at the workplace.

Employers’ position


Employers say that while measures in the bill do not go far enough to address concerns with the bargaining framework, they at least get the issue of productivity on the table and will introduce new rigour to the process of obtaining protected action ballot orders.
 
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