Employers who lose contracts to a competitor or outsource work can lessen the impact of redundancies if they plan ahead and engage with incoming contractors.
Continue Reading Managing redundancy entitlements in loss of contract situations
Aurizon: Operating in perpetuity not in the public interest
By Chris Gardner & Henry Skene on
Posted in HR/IR Strategy, Workplace reform
Aurizon, previously a government owned entity, operates in the rail industry. The company had been bargaining in relation to numerous enterprise agreements. Part of the company’s bargaining platform was to be relieved of onerous restrictions on management, many of which were legacies of its public sector origins. The changes were resisted and the bargaining became intractable.
In an effort to overcome the legacy arrangements, Aurizon applied to the Fair Work Commission to terminate the agreements.
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Productivity to be front of mind under proposed bargaining law amendments
By Michael Tamvakologos on
Posted in HR/IR Strategy
The enterprise bargaining process has been criticised for its failure to deliver productivity improvements to business. Whilst enterprise bargaining is premised on the idea that employers and employees will make enterprise agreements that deliver such benefits, in return for other trade-offs, often the process can be an inflationary one for employers who end up only with an increased cost base.
Continue Reading Productivity to be front of mind under proposed bargaining law amendments
Avoiding redundancies: redeployment and contractor use
By Ben Dudley on
Posted in HR/IR Strategy
In our ‘5 ways in 5 days’ series, we are looking at options to control labour costs which don’t involve implementing redundancies. This article considers:
- retraining and redeploying employees; and
- reducing the size of the labour hire workforce.
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Simplifying transfer of business within group companies
By Michael Tamvakologos & Amanda Cavanough on
Posted in HR/IR Strategy
Restructuring or re-organising a business is common. Companies make these changes for a variety of reasons – to change the business model, pursue operational improvements, reduce cost, and/or make optimum use of available resources. It’s also increasingly likely that displaced employees will be given the opportunity to transfer between related group companies. Employers seeking to rely on the redundancy exemption to the unfair dismissal provisions in the Fair Work Act 2009 (FW Act) will need to consider redeployment options within group companies.
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No bullying orders if employment ended
By Justine Turnbull & Stephen Crilly on
As the year goes on, a relatively small number of cases involving the Fair Work Commission’s (FWC) new power to make orders that bullying stop continue to trickle out. In the last month, two decisions have put the brakes on attempts by employees to use these powers outside of their intended area of operation.
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Bullying before 2014 counts!
By Justine Turnbull on
Posted in Diversity & equal rights
Since 1 January 2014 employees who have been bullied at work have been able to apply to the Fair Work Commission for a range of remedies. Monetary compensation is not available as a remedy. It has been held that conduct occurring before 1 January 2014, when the laws commenced operation, can be considered in dealing with claims.
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First round of IR changes under the new Government pending
Posted in HR/IR Strategy
The Coalition Government has taken its first step to introduce business friendly industrial relations changes to greenfields enterprise agreements, right of entry and protected industrial action.
Continue Reading First round of IR changes under the new Government pending
The long and the short of enterprise bargaining
By Chris Gardner on
Posted in HR/IR Strategy
Once again collective bargaining in Australia is a hot topic. Both the Prime Minister and Senator Abetz have bemoaned the making of ‘soft deals’ by employers.
Continue Reading The long and the short of enterprise bargaining
Enterprise award modernisation process kicks off in earnest
By Michael Tamvakologos & Darren Perry on
Posted in HR/IR Strategy, Workplace policy and process
Right through to the end of 2013, many unions and a number of employers applied to the Fair Work Commission (FWC) for a modern enterprise award. Where such an application is successful, a modern enterprise award would cover employees rather than one of the 122 industry or occupational modern awards that the FWC made between 2008 and 2010.
Continue Reading Enterprise award modernisation process kicks off in earnest