a puppet of the union movement, and return Australian industrial relations to
a largely discredited inflexible system. Rudd also wished to present himself as
an economic manager and a friend of business.
The original Labor response to WorkChoices came in the form of Fair Work
Australia, which implemented Labor’s proposals in 2008 onwards. The main
points were:
AWAs abolished, with existing AWAs to be phased out by 2012.
Individuals earning over $100,000 (up from $75,000) can negotiate
employment contracts without reference to awards.
National Labour Standards—the new name for the old Australian Fair Pay
and Conditions Standard of Work Choices, expanded from six to ten,
prescribed by legislation:
(i) a maximum standard working week of 38 hours for full-time
employees, plus‘reasonable’additional hours;
(ii) a right to requestflexible working arrangements;
(iii) parental and adoption leave of 12 months (unpaid), with a right to
request an additional 12 months;
(iv) four weeks paid annual leave each year (pro rata);
(v) ten days paid personal/carer’s leave each year (pro rata), two days
paid compassionate leave for each permissible occasion, and two
days unpaid carer’s leave for each permissible occasion;
(vi) community service leave for jury service or activities dealing with
certain emergencies or natural disasters. This leave is unpaid except
for jury service;
(vii) long service leave;
(viii) public holidays and the entitlement to be paid for ordinary hours
on those days;
(ix) notice of termination and redundancy pay;
(x) the right for new employees to receive the Fair Work Information
Statement;
No pattern bargaining (identical bargains with two or more employers).
Restrictions of union officials’right of entry to workplaces limited to
requiring 24-hours notice.
Unfair dismissal claims can be made after twelve months’employment in
firms with fewer thanfifteen employees and after six months infirms
withfifteen or more employees.Also included in the Rudd measures were abolishing the AFPC, Office of the
Employment Advocate, Office of Workplace Services, and the Industrial Rela-
tions Commission, and bringing their functions together under a new‘one-
stop-shop’, Fair Work Australia. Wages are now determined by Fair Work
Phil Lewis