Transcript Slide 1
Fair Work Australia A presentation to Macarthur Accountants Discussion Group By Geoff Lloyd 3 March 2010 CALDWELL MARTIN COX The Partners: Angus Cox, Chris Paul & Bill McGookin Our Firm: 8 solicitors, 1 conveyancer, 16 support staff Law 9000 SAI Global Quality Assurance Accredited Specialists in: Advocacy, Family Law, Property Law and Wills and Estate Law Workgroups and teamwork Over 50 years of servicing people of the Macarthur and Wollondilly areas Services of CMC Commercial and Business Matters purchase and/or sale of business leasing franchise agreements/joint ventures employment law/documents restraint of trade business restructuring business documentation company formation insolvency, liquidation & administration partnership agreements/dissolution commercial litigation debt recovery Family Law Matters parenting/child support property division & issues pre-nuptial/financial agreements de facto relationship agreements and disputes mediation Divorce Intellectual property registering trademarks advice on ‘passing off’ protecting your business’ intellectual property Criminal Law Matters drink driving (PCA) & other driving offences apprehended domestic violence orders assault court appearances Wills & Estate Planning Wills/Testamentary Trusts Powers of Attorney Enduring Guardianships Personal Matters workers’ compensation claims personal injury compensation claims motor vehicle claims employment advice unlawful dismissal discrimination/harassment claims bankruptcy loan agreements/debt recovery Property Matters purchase/sale of real estate subdivision of land property issues/disputes leasing mortgages/finance (documentation) Our Offices 28 Hill Street Camden 320 Camden Valley Way Narellan Our Offices 20 Menangle St West Picton 129 Remembrance Drive Tahmoor WHAT WE WILL COVER IN THIS PRESENTATION A NUMBER OF CHANGES 2 key dates- 1 July 2009, 1 January 2010 Brief historical overview Unfair Dismissals Other similar remedies “Adverse Action” National Employment Standards & Modern Awards A (very) Short History of Australian Industrial Relations Law 1901-Federation- Commonwealth Parliament given a number of specific grants of power including to make laws for Conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State :51 (xxxv) 1904-Commonwealth Court of Conciliation and Arbitration established to resolve industrial disputes which extended beyond the limits of any one state Disputes within states resolved at state level A (very) Short History of Australian Industrial Relations Law 1996- Howard Government starts process of reform -introduces Workplace Relations Act, establishes Australian Industrial Relations Commission (AIRC) 1996-Victorian State Government refers most of its industrial relations powers to the Commonwealth Government, 2006- Workchoices introduced: Government relies upon 51 (xx) of the Constitution …. trading or financial corporations formed within the limits of the Commonwealth 100 employee limit for unfair dismissals AWA’s introduced Survives High Court challenge A (very) Short History of Australian Industrial Relations Law 1 July 2009 Fair Work Act came into force Government still relies upon 51 (xx) of the Constitution Workchoices repealed but only for conduct after 1 July 2009 Fair Work Australia established takes over roles of AIRC Workplace Ombudsman Workplace Authority Australian Fair Pay Commission (NB some of these bodies have a limited continuing role) 1 January 2010 - Award modernisation process completed -National Employment Standards now applies to all employees A (very) Short History of Australian Industrial Relations Law State referrals Legislation has been passed in New South Wales, Queensland, South Australia, Victoria and Tasmania (Referring States) to refer the majority of their power to legislate on industrial relations to the Commonwealth The effect of the legislation is that, in general, the FW Act will apply to all employees in the Referring States with the exception of certain groups of people. In general those employees who will not "transfer" into the Federal system are politicians and those employed in the public sector, judiciary, law enforcement and local government (other than Victoria). A (very) Short History of Australian Industrial Relations Law State referrals The legislation that has been passed by each of the Referring States also allows these States to revoke the referral of their industrial relations powers in certain circumstances in the future, that is to reverse the effect of this legislation such that the affected employees would be once again subject to a State system The referral of powers by the Referring States to the Commonwealth generally does not impact on other employment legislation in place in each of the Referring States dealing with matters such as: discrimination workers' compensation Long service leave occupational health and safety, although the harmonisation process is continuing training arrangements such as traineeships and apprenticeships. FAIR WORK AUSTRALIA Fair Work online- see www.fairwork.gov.au “There are 2 organisations in the new national workplace relations system. They are the national tribunal, Fair Work Australia, and the Fair Work Ombudsman. Fair Work Australia is the national workplace relations tribunal. It is an independent body with power to carry out a range of functions relating to: the safety net of minimum wages & employment conditions enterprise bargaining industrial action dispute resolution termination of employment other workplace matters. The Fair Work Ombudsman works with employees, employers, contractors and the community to promote harmonious, productive and cooperative workplaces. The Fair Work Ombudsman: provides advice and education on Australia’s workplace laws monitors compliance and investigates contraventions of national workplace laws publishes information on workplace rights and obligations provides tools and information for small businesses.” DISMISSING EMPLOYEES Before Workchoices: Choice of 2 jurisdictions State - Industrial Relations Commission if state award applied Federal-Australian Industrial Relations Commission if Federal award applied ALWAYS a cap on employee earnings (Currently a “guaranteed income” amount of more than $108,300 a year ) DISMISSING EMPLOYEES Before Workchoices: Roughly similar treatment for both jurisdictions No size limit differentiation for employers Only necessary to determine whether State or Federal award applied The procedure and remedies are intended to ensure a “fair go all round” A “fair go all round” refers to a phrase used in the case of In re Loty and Holloway v Australian Workers Union [1971] AR (NSW) 95T. DISMISSING EMPLOYEES Workchoices: No change to State law BUT Workchoices expanded coverage of AIRC, by including any employer which was a “constitutional corporation” -”national employers” State jurisdiction primarily State government employees and those employed by sole traders and partnerships DISMISSING EMPLOYEES Workchoices: AIRC jurisdiction: national employers only liable to action for unfair dismissal if > 100 employees In practice, often difficult to determine this threshold Defence of “genuine operational reasons” DISMISSING EMPLOYEES Workchoices: BUT no limit for size of employer if case of unlawful dismissal e.g. Membership (or non-membership) of union temporary absence from work because of illness or injury Discrimination alleged DISMISSING EMPLOYEES Fair Work Act: An unfair dismissal application must be lodged within 14 days of the dismissal coming into effect. Fair Work Australia (FWA) may accept a late application but only in exceptional circumstances DISMISSING EMPLOYEES Fair Work Act: New rules for unfair dismissal No minimum number of employees for national employers BUT if employer has the following number of employees: Until 1 January 2011 – less than 15 “full time equivalent” After 1 January 2011 – simply less than 15 “head count” Special “small business” rules apply DISMISSING EMPLOYEES Fair Work Act Meaning of small business employer, for unfair dismissal purposes, prior to 1 January 2011 a national system employer is a small business employer if, and only if, the employer’s number of full-time equivalent employees, worked out under this item, is less than 15 at the earlier of the following times (the notice or dismissal time): (a) the time when the person is given notice of the dismissal; (b) immediately before the dismissal. DISMISSING EMPLOYEES Fair Work Small Business Fair Dismissal Code Checklist A printed copy is in your material Please note that it is not a prescribed form, and that more than simply claiming to have followed it is required It is in the interests of the employer to complete this checklist at the time of dismissal and to keep it in case of a future unfair dismissal claim. However, it is not a requirement of the Fair Dismissal Code that the checklist be completed. DISMISSING EMPLOYEES Fair Work Who is not covered? Probationary employees Up to six months :or Twelve months for small employers Genuine redundancy Employees not covered by an award or agreement who earn more than $108,300 a year (indexed) DISMISSING EMPLOYEES Fair Work Act The Explanatory Memorandum states [Para 1541] that the factors are to be considered “in their totality”. No one factor will be determinative. DISMISSING EMPLOYEES FAIR WORK ACT 2009 - SECT 389 Meaning of genuine redundancy A person's dismissal was a case of genuine redundancy if: the person's employer no longer required the person's job to be performed by anyone because of changes in the operational requirements of the employer's enterprise; and the employer has complied with any obligation in a modern award or enterprise agreement that applied to the employment to consult about the redundancy. A person's dismissal was not a case of genuine redundancy if it would have been reasonable in all the circumstances for the person to be redeployed within: the employer's enterprise; or the enterprise of an associated entity of the employer. DISMISSING EMPLOYEES Meaning of “genuine redundancy” Some problems: Is the onus on the employer to show it was not reasonable to “redeploy”? For large employer groups, how to show it was not possible to redeploy somewhere in the group? DISMISSING EMPLOYEES Meaning of “genuine redundancy” Case study Kekeris v A. Hartrodt Australia Pty Ltd "The test is not … whether the duties survive. (There) can still be a ‘genuine redundancy’ where the duties of a previous job persist but are redistributed to other positions. The test is whether the job previously performed by the applicant still exists" DISMISSING EMPLOYEES REMEDIES Remedies that are available to an employee: Reinstatement is the primary remedy Reinstatement has to be “inappropriate” before compensation is considered or awarded Reinstatement means reappointment to the old position, or one that is no less favourable than the position the employee had immediately before the dismissal In addition to reinstatement, FWA can order service to be deemed continuous. Consequently the gap or break in employment caused by the dismissal does not affect benefits such as long service leave or annual leave, which are dependent upon the accrual of an appropriate amount of continuous service. DISMISSING EMPLOYEES REMEDIES In In re Loty, Sheldon J observed that a court should weigh the following factors, in considering whether an unfair dismissal warranted reinstatement: The employer’s right to manage its business; The circumstances surrounding the dismissal; The utility of re-establishing the relationship; Whether reinstatement would work, if made subject to conditions DISMISSING EMPLOYEES REMEDIES Compensation can be ordered in lieu of reinstatement Compensation has to be “appropriate in all the circumstances of the case” FWA can, in addition, order payment for remuneration lost DISMISSING EMPLOYEES REMEDIES Compensation calculations have to take into account: length of employee service; viability of the order on the employer’s enterprise; lost remuneration; employee efforts to mitigate loss; remuneration earned between the dismissal and the compensation; and any other relevant order DISMISSING EMPLOYEES REMEDIES Employee misconduct “must” reduce the amount of compensation. There is no component in compensation for shock, distress or humiliation or analogous hurt. DISMISSING EMPLOYEES REMEDIES Compensation is capped at the lesser of: 26 weeks, calculated back from immediately before dismissal, and The statutory amount (i.e. half of the amount of the high income threshold Compensation indexed annually). (Currently $54,150) DISMISSING EMPLOYEES ISSUES New conciliators recently appointed Current practice is to conduct first conciliation conference by telephone Possible that an employees could be reinstated at early opportunity No right of legal representation at a hearing No automatic right of appeal except in cases of “public interest” or “significant” errors of fact DISMISSING EMPLOYEES CASE STUDY Harley v Aristocrat Technologies Australia Pty Ltd "beyond belief" that a major company's HR manager notified her superiors that there was no basis to a sales manager's claims that he was being bullied and harassed, despite failing to conduct an investigation Commissioner Whelan said Aristocrat had no valid reason for dismissing the executive, saying he performed his role well "in very trying internal, and external, circumstances". "I accept that he was subjected to a deal of harassment about petty matters and treated poorly by [the sales manager] despite performing as well as, or better than, most of the other [business development executives]", she said reinstatement not appropriate ;Aristocrat ordered to pay the executive the maximum six months compensation DISMISSING EMPLOYEES Alternative remedies remain available: Unlawful termination Breach of contract Trade Practices Act claims Freedom of Association Discrimination / Harassment A NEW EMPLOYMENT RIGHT? “Adverse Action” under the Fair Work Act Since 1 July 2009, national system employees and employers have the ability to bring “adverse action” claims under the Act, including in respect of claims of discrimination and victimisation in employment. Traditionally such claims have tended to be brought under the relevant State or Federal anti-discrimination legislation (In NSW, primarily through the Anti Discrimination Board and the Administrative Decisions Tribunal) A NEW EMPLOYMENT RIGHT? “Adverse Action” FAIR WORK ACT 2009 - SECT 351 Discrimination (1) An employer must not take adverse action against a person who is an employee, or prospective employee, of the employer because of the person's race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin. A NEW EMPLOYMENT RIGHT? The circumstances in which an adverse action can be said to be taken against another person are very broad, and can include dismissing an employee, injuring or altering the position of an employee to his/her prejudice, or discriminating between the employee and other employees. Workplace inspectors have power now to investigate such matters and issue civil penalty notices (as for e.g. O H & S matters) A NEW EMPLOYMENT RIGHT? Where an adverse action claim is made, it will be generally be dealt with at first instance by a Fair Work conference. If the conference does not resolve the dispute then the employee may proceed to run a case either in the Federal Magistrates Court or Federal Court. A NEW EMPLOYMENT RIGHT? An adverse action complaint can be made not just in instances of termination of employment. An employee can also seek an interim injunction to restrain an employer from dismissing the employee, either where a threat is made, or it appears likely that termination of employment is imminent. A NEW EMPLOYMENT RIGHT? Employers face investigation, prosecution and potentially a penalty of up to $33,000 for each breach Longer time limit for application (up to 6 years) Reverse onus of proof. If an employee claims they were subject to adverse action for a prohibited reason the employer must prove the action was not taken for that reason. A NEW EMPLOYMENT RIGHT? “Adverse Action”- Case Study Jones v Queensland Tertiary Admissions Centre Ltd The CEO of a company uses adverse action provisions to win an interlocutory injunction stopping the company from sacking her over bargaining-related bullying and harassment allegations. The CEO, with seven years service, alleged that the company had conducted an improper investigation into her conduct, after receiving complaints from the union and employees The Federal Court found the balance of convenience lay with the CEO, partly because the chance of gaining a remedy under the adverse action provisions would be lost if the interlocutory injunction was refused A NEW EMPLOYMENT RIGHT? Where termination of employment has resulted, the court may make any orders it considers appropriate to remedy the situation. This means, that in addition to orders for compensation (the traditional remedy for anti-discrimination tribunals), a court may order injunctions and reinstatement orders. Changes to age and disability discrimination laws Federal Discrimination legislation has been broadened in scope by amendments with important implications for employers Amendments to the Federal Age Discrimination Act 2004 have changed the relevant test. Previously, for an action to constitute unlawful discrimination the age of a person needed to be the "dominant reason" for the taking of that action. Now, the bar has been lowered so that an act may be discriminatory where age is just one of many reasons for the action The Disability Discrimination Act 1992 was also amended to expand the definition of "disability" to include a genetic disposition to a disability and behaviour that is a symptom or a manifestation of a disability. This potentially widens the scope for behavioural claims such as stress-related illnesses to fall within the definition. Changes to age and disability discrimination laws The amendments also sought to clarify the general duty upon employers to make "reasonable adjustments" for employees with a disability. Previously, this duty had been assumed to exist, however the amendments provide that there is now a positive duty for employers to make reasonable adjustments to their workplace to accommodate someone with a disability. In a claim for disability discrimination, the onus will be upon the employer to prove that an adjustment would have caused unjustifiable hardship Changes to age and disability discrimination laws The scope of indirect disability discrimination was also widened by the amendments, replacing the test of "proportionality" with one of "disadvantage." Now, the situation is that the requirement or condition will be discriminatory where it has, or is likely to have, the effect of disadvantaging people with the disability of the person alleging discrimination, or the employer has not made reasonable adjustments that would enable the employee to comply . This is a much easier test for employees to satisfy. The onus has also been switched so that the employer will have the burden of proving that the condition or requirement was reasonable. NATIONAL EMPLOYMENT STANDARDS Replaces Workchoices Australian Fair Pay and Conditions Standard The NES commenced operation on 1 January 2010 NES found in Chapter 2 of the Fair Work Act 2009. The NES are key minimum conditions applicable to all employees covered by the federal system The Government’s safety net comprises of: NES which appears in legislation and applies to all employees Modern awards which are tailored to industries and occupations and may contain up to a further 10 minimum standards NATIONAL EMPLOYMENT STANDARDS Interaction with other instruments: Cannot contract out of NES – this includes high income earners Enterprise Agreement cannot exclude NES: can provide more favourable outcome Transitional instruments (eg WorkChoices workplace agreements, pre-reform certified agreement) which are “detrimental to an employee” when compared to the NES have no effect since 1 January 2010 NATIONAL EMPLOYMENT STANDARDS Contract Collective Agreement Industry Awards National Employment Standards NATIONAL EMPLOYMENT STANDARDS NES – The 10 Guaranteed Conditions Maximum weekly hours of work Requests for flexible working arrangements Parental leave (and related entitlements) Annual leave Personal/carer’s leave and compassionate leave Community service leave Long service leave Public holidays Notice of termination and redundancy pay Fair Work Information Statement NATIONAL EMPLOYMENT STANDARDS A number of the standards have been transferred across from the AFPCS and the former Workplace Relations Act. The novel features of the NES are: Flexible working arrangements Community service leave Redundancy provisions MODERN AWARDS Award modernisation process now completed Modern Awards commenced on 1 January 2010, but some changes will be deferred at least until 1 July 2010 Up to 5 year “phase-in” of certain provisions, including wages for junior employees, employees to whom training arrangements apply and employees with a disability, casual and part-time loadings, Saturday, Sunday, public holiday, evening and other penalties and shift allowances Most previous awards (other than enterprise awards) have now ceased operation MODERN AWARDS Modern awards apply to employers and employees covered by the national system. Modern awards will not apply to employees who: are covered by an enterprise agreement are managerial or senior employees who have not traditionally been considered award employees high income employees who earn over (currently) $108,300 per annum and who have entered into a high income guarantee . HIGH INCOME GUARANTEES When giving a high income guarantee, employers must ensure that: the the the the employee is covered by a modern award that is in operation employee is not covered by an enterprise agreement guarantee is in writing guarantee clearly sets out the amount of the annual earnings (and the earnings exceed the high income threshold,) the period to which the annual guarantee applies (i.e. 12 months) the employee accepts the guarantee (preferably in writing) the guarantee and acceptance is made: before the start of the period stated in the guarantee within 14 days after: the employee starts working, or a day the employer and employee agree to vary the terms and conditions of the employee's employment the employee is informed of the consequences of accepting the guarantee (i.e. that the modern award will not apply). NES and MODERN AWARDS NES provides legislated minimum standards that cannot be excluded or modified by any industrial instrument Modern awards supplement the NES Must not include a term in a modern award where the substance of the matter is dealt with in the NES However, modern awards can include: Industry details about matter in the NES (eg ordinary hours of work) Machinery provisions (eg taking annual leave at half pay by arrangement with employer) May build on NES provisions to maintain fair safety net having regard to existing award conditions for employees in the industry Cashing out of leave entitlements and shut down provisions NES and MODERN AWARDS The NES provides that the standard working hours for a full time employee will continue to be 38 hours per week, plus reasonable additional hours An employee may refuse to work additional hours if they are not reasonable Reasonableness will be determined having regard to a number of factors including: Whether the employee is entitled to receive overtime payments, penalty rates or other compensation for working the additional hours The employee’s personal circumstances, including family responsibilities The needs of the workplace Notice (if any) of the employer’s request to work the additional hours Notice (if any) of the employee’s intention to refuse to work the additional hours Any other relevant matter NES does not include rules relating to the averaging of hours: These are dealt with in modern award or enterprise agreement or transitional arrangements Awards/agreement free employees may enter into averaging arrangement NES and MODERN AWARDS CASE STUDY Fair Work Australia has rejected several enterprise agreements that sought to give employees the option of nominating their preferred work hours in exchange for giving up overtime or other penalty rates In two separate decisions, FWA found that "preferred hours" clauses - proposed by both aged care provider Bupa Care Services and a bargaining representative representing franchisees for a number of hospitality chains including Subway and Muffin Break - failed the no disadvantage test FWA held that Clauses that deny penalty provisions to employees on the basis that they have nominated the hours they are available to work are not appropriate and are inconsistent with the no disadvantage test. NES and MODERN AWARDS Requests for flexible working arrangements Eligibility: An employee who is a parent of, or has caring responsibility for: A child under school age; A child under 18 suffering from a disability Employee is required to have 12 months service before right to request flexible arrangement accrues Flexible working arrangements are not defined, but examples could include reduced hours, different start or finish times or home-working arrangements Employee must make request in writing setting out details of change and supporting reasons Employer must respond within 21 days and provide reasons for any refusal to accommodate the request An employer can only refuse a request on ‘reasonable business grounds’. These are not defined, but examples could include the employer’s ability to reorganise work arrangements and the business needs of the employer Requests for flexible working arrangements Some similarities to provisions which have existed in the UK since 2003 – but much less prescriptive that the UK provisions The UK provisions may provide some guidance in determining what constitutes a ‘reasonable business ground’: Burden of additional costs Detrimental effect on the employer’s ability to meet customer demand Inability to reorganise work among existing staff Detrimental impact on quality Detrimental impact on performance Insufficiency of work during the periods the employee proposes to work Planned structural changes What happens in the event of a dispute? Parental leave and related entitlements No paid parental leave in the NES but this will be introduced under the Govt funded scheme released in the 2009 Federal Budget Employee must have 12 months service to be eligible – includes eligible casuals Each parent has a right to 12 months’ unpaid parental leave in relation to the birth or adoption of a child A parent who takes 12 months’ parental leave may request additional leave from their employer of up to 12 months. The employer may refuse the request on reasonable business grounds Parents are entitled to take up to three weeks parental leave concurrently. Other than this time, parents cannot take unpaid parental leave at the same time. NES also entitles an employee returning from parental leave to return to the position they held before commencing leave. If the position no longer exists, the employee is entitled to return to a comparable position Obligation to consult with employee regarding significant changes to preleave role REDUNDANCY There is now a statutory right to receive a redundancy payment of up to 16 weeks pay, where an employee's job is terminated either owing to restructuring, insolvency or bankruptcy of the employer. This entitlement is currently provided in many awards but will now be a statutory requirement for all employees covered by the NES, who have more than 12 months continuous service and who work for an employer that employs 15 or more employees. The entitlement does not extend to casual employees, those employed for a specified time, task or season, employees to whom a training arrangement or apprenticeship applies or to an employee covered by an industry-specific redundancy scheme in a modern award or enterprise agreement or is terminated because of serious misconduct. Importantly any service prior to 1 January 2010 does not count as service for the purpose of calculating an employee's redundancy entitlement unless the employee had a redundancy entitlement immediately before 1 January 2010. Fair Work Information Statement Employers are required to provide a copy of the Fair Work Information Statement to all new employees before or as soon as practicable after, the commencement of employment. The Statement sets out employee rights regarding NES, modern awards, agreement making, termination of employment and the role of the Fair Work Australia and the Fair Work Ombudsman. The Statement is available from website of the Fair Work Ombudsman. See http://www.fairwork.gov.au/Pay-leave-andconditions/Conditions-of-employment/Pages/Fair-WorkInformation-Statement.aspx Annual Leave All full time employees will be guaranteed 4 weeks paid annual leave Shift workers will be entitled to an additional week of paid annual leave Leave accrues progressively through the year in accordance with the employee’s “ordinary hours of work” Part time employees receive a pro rata amount Casual employees are not entitled to annual leave When annual leave is taken, the employee is entitled to be paid at the employee’s “base rate of pay” for their “ordinary hours of work” in the leave period An employee is entitled to be paid for any untaken paid annual leave on termination of employment on their “base rate of pay” Cashing out: Permitted under award/enterprise agreement or written agreement for non award/agreement employees Must maintain minimum 4 week accrual Rights to direct annual leave must be included in modern award/enterprise agreement or written agreement for award/agreement free employees –must be reasonable Awards/agreement free employees may agree on when and how paid annual leave may be taken Personal, carer’s and compassionate leave Full time employees are entitled to: 10 days of paid personal or carer’s leave for each year of ‘service’ Two days of paid compassionate leave ‘per occasion’ Two days of unpaid carer’s leave ‘per occasion’ for genuine caring purposes and family emergencies if paid carer’s leave is exhausted Casual employees are entitled to: Two days of unpaid compassionate leave ‘per occasion’ Two days of unpaid carer’s leave ‘per occasion’ The leave is payable at the employee’s ‘base rate of pay’ for the ‘ordinary hours of work’ in the leave period Carer’s leave extended to cover spouses in same sex relationships Community service leave Employees are entitled to be absent from work to engage in prescribed community service activities, such as jury service and emergency service duties The entitlement covers all periods required to provide the community service and includes reasonable: Travelling time Time for rest immediately following the activity Community service leave will be unpaid leave, although employees (other than casuals) on jury service leave will be entitled to ‘makeup pay’ ‘Make-up pay’ is the difference between what the employee received in respect of jury service and the employee’s base rate of pay OTHER LEAVE Some areas of leave remain a state responsibility –notably long service leavethis may be an area for future reform… WHAT WE HAVEN’T COVERED TODAY! Transmission of Business Rules Good Faith Bargaining and the Role of Unions Mandatory content in Employment Agreements Occupational Health and Safety Harmonisation Future of the Australian Building and Construction Commission / Office of the Fair Work Building Industry Inspectorate. amongst other matters! THE END! Questions?