1023:(AWAs) over a period of years with a preference of collective agreements and awards with an exclusion to those earning over $ 100,000. Unfair dismissal laws were to be restored to all businesses; however, employees joining companies with under 15 employees will be placed under a twelve-month probationary period. Restrictive right of entry rules in to workplaces for unions introduced under WorkChoices were to remain and secret ballots (rather than open ballots) to decide on carrying out strikes were to continue, which would become banned except during periods of collective bargaining. The dismantling of the group of industrial relations bodies created by the government would also occur, and in their place a service known as "Fair Work Australia" would be created.
418:(the Act) as dismissal which is "harsh, unjust or unreasonable." Employees had to be working for a business that had more than 100 employees, and served a qualifying period of 6 months to claim unfair dismissal. Other reasons that excluded an employee from taking unfair dismissal action included where an employee was employed on a seasonal basis or on a contract of employment for a specified period or task, employed on a probationary period that was reasonable and determined in advance, a short-term casual employee, a trainee engaged for a specific period, or an employee not employed under an award or workplace agreement and earning more than $ 101,300 per year.
998:
672:
592:
November with the committee reporting to the Senate on 22 November. The decision to have a rather short inquiry was criticised by Labor, who claimed that it was an attempt by the
Government to avoid proper scrutiny of the Bill. By 9 November, the Senate committee had received more than 4,500 submissions, of which only 173 were published on its website. The committee did not individually acknowledge and publish all submissions, due to the large number of submissions, at least partially resulting from the ACTU campaign against
173:. It was argued that the laws stripped away basic employee rights and were fundamentally unfair. The ACTU, the peak association for Australian trade unions, consistently ran television advertisements attacking the new laws and launching its "Your Rights at Work" campaign opposing the changes. The campaign involved mass rallies and marches, television and radio advertisements, judicial action, and e-activism. The week of action culminated on 1 July 2005 with a "SkyChannel" meeting of union delegates and members organised by
920:, with special emphasis on the impact on regional and rural communities, women and young people. During 2006, the Taskforce traveled to every state and territory in Australia, convening meetings with individuals, employers, church and community groups and trade unions, collecting testimony in order to inform federal Labor's policy response and to publicise instances of actual exploitation. An interim report, "WorkChoices: A Race to the Bottom" was launched by Opposition Leader
446:
not prohibited to deny employment to a new employee who refuses to sign an AWA); being involved in proceedings against an employer for alleged breach of the law; membership or non-membership of a union or participation in union activities; and absence from work due to illness or injury, parental leave or emergency management activities. Unlike unfair dismissal provisions, there were no restrictions on employees who can lodge unlawful termination claims for prohibited reasons.
44:
1043:
admonished the WorkChoices model particularly for its length and the amount of red tape, claiming it was "all about regulation" and comparing it to the "old Soviet system of command and control", as well as on federalist grounds saying "This attempt on his part to diminish the role of the states, to concentrate all power in
Canberra, is very much to Australia's detriment". Society President Ray Evans stated that in creating WorkChoices "
1140:
728:
430:, Mr Cruickshank was employed at Priceline on a package of $ 101,150. He was terminated and Priceline subsequently hired a new employee in the same position on a package of $ 65,000β$ 75,000. Priceline claimed, successfully, that they had not breached the unfair dismissal provisions of the Act, as the dismissal saved the business money, therefore was for a reason including a genuine operational reason.
1126:
600:
863:(ALP), who won the subsequent election in a landslide. The Liberal (center-right) Government at that time used federal funds to produce and air an advertising campaign promoting WorkChoices, a decision that which was criticised by the federal opposition and challenged in the High Court. In addition, the state governments of Australia (all of which were Labor at the time)
354:
federal agreements (Australian workplace agreements or collective agreements), bound to a federal award, or were not incorporated and trading, financial or foreign organisations. Employers that remained in the State systems included sole traders, partnerships, incorporated associations which are not "trading and financial corporations" and state government bodies.
961:
584:. The Australian Labor Party claimed it was not provided with enough copies of the Bill when it entered the House and mounted a campaign against the Bill in the House throughout the day. During Question Time, Opposition members continually interjected while Government members were speaking, leading the Speaker (and later the Deputy Speaker) to remove 11 of them.
388:
conciliation. It also reduced the timeframe within which employees were able to lodge such claims; claims had to be lodged within 21 days from the date of termination. Employees could apply for an extension of this timeframe, but a review of published decisions shows that extensions were infrequently granted. Fees applied for applications, at one time $ 55.70.
533:'modified' public holiday payments; and 83 per cent abolished or 'modified' rest breaks. In each of these cases conditions were more often abolished than modified, and all modifications represented decreases in conditions. Lastly, though 66 per cent of AWAs resulted in wage increases, 52 per cent of these increases were unquantified or not guaranteed.
542:
462:(AWAs), had to pass a No Disadvantage Test. This test compared a proposed agreement to an underpinning and relevant award that had or should have covered employees up until the proposal for an agreement. The No Disadvantage Test weighed the benefits of the award against the proposed agreement to ensure that, overall, employees were no worse off.
561:
473:. However, the standard did not have any bearing on agreements that were certified prior to the commencement of WorkChoices: Notional Agreements Preserving State Awards (NAPSAs) if their conditions were more generous than what is provided for under the standard, those conditions will continue to apply.
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as they believed that it would give unions less opportunity to scrutinise and intervene where they believed an agreement had been unfairly drafted. However, the government stated in response that the intention of this part of the Act was to improve the turn-around time for agreement certification. In
839:
When it was tabled in the
Parliament, there was significant concerns from civil libertarians and the Opposition that the Bill was passed far too quickly for those voting on it to actually read the document closely, and that insufficient physical copies of the bill had been given to the Opposition to
421:
Significantly, the Act also excluded employees who were dismissed for "genuine operational reasons or reasons including genuine operational reasons". "Genuine operational reasons" were defined in the Act as "reasons of an economic, technological, structural or similar nature." Interpretation of this
391:
Both unfair dismissal and unlawful termination claims went through an initial hearing and compulsory conciliation conference at the AIRC. Only when the conciliation was unsuccessful and a conciliation certificate issued could the claim proceed to the next step. For unfair dismissal claims, the claim
445:
Prohibited reasons for termination included discriminatory reasons such as age, race, national extraction, political opinion, sex, sexual preference, religion, marital status, disability, pregnancy and family responsibilities; refusal to sign an
Australian workplace agreement (AWA) (however, it was
1097:
as it coincided with the second anniversary of the WorkChoices legislation. "On this two-year anniversary of WorkChoices, we are here to start burying WorkChoices," announced Julia
Gillard. Brendan Nelson, Leader of the Opposition, made it clear that the Liberal-National Coalition will not seek to
972:
said the brand had to be dropped due to the union and community campaign against the WorkChoices laws. "It has resonated because it has been the most sophisticated and articulate political campaign in the history of this country." The ACTU countered that the name may have changed but the laws were
629:
Industrial
Relations Ministers and representatives. The representatives were each allowed only seven minutes to address the Inquiry, during which they criticised the package as being unconstitutional and undermining the rights and conditions of workers. The Bill was passed, with amendments, by the
357:
Court decisions may be required to establish whether an organisation falls under this definition; areas of contention include local government and incorporated associations that undertake some trading activities, such as not-for-profit organisations. There have been several test cases in state and
591:
referred the Bill to its
Employment, Workplace Relations and Education Committee. The committee allowed five days for submissions to be made to the committee, with the closing date being 9 November 2005. Five days of hearings were scheduled to be held at Parliament House in Canberra commencing 14
437:
notification, and prohibited reasons. Under
Section 661 of the Act, employees, other than excluded employees (including casual employees with less than 12 months' regular ongoing service, apprentices) were required to be given a specified period of notice of termination or payment in lieu of this
153:
was ostensibly designed to improve employment levels and national economic performance by dispensing with unfair dismissal laws for companies under a certain size, removing the "no disadvantage test" which had sought to ensure workers were not left disadvantaged by changes in legislation, thereby
1034:'s attendance to last year's H. R. Nicholls Society conference, where he told the audience that the coalition knew its reform to WorkChoices were not popular but the process of change must continue, and that "there is still a long way to go ... awards, the IR commission, all the rest of it". The
476:
Those who supported the scrapping of the No
Disadvantage Test claimed that it was too complex and argued that its removal would create more opportunities for unemployed people to be offered a job. The example of "Billy" was used in material supporting the Government's position. Unions and other
353:
While one of the purposes of these changes was to provide a single national industrial relations system, in practice, each of the States' systems (except
Victoria and the territories) remained in force. State industrial relations systems continued to apply to employers that were not covered by
1042:
In 2007, the Society criticised the WorkChoices legislation for creating even more regulation. The Society, which in fact supports deregulation of the labour market to the extent that employers and employees simply form contracts with each other and then deal with any disputes via the courts,
758:. Estimates for the Melbourne crowd ranged from 45,000 to 65,000 people at the MCG and the march to Federation Square. In other cities, an estimated 40,000 people attended a similar rally in Sydney, 20,000 in Brisbane, 7,000 in Adelaide, 3,000 in Perth, 2,000 in Darwin, and 1,000 in Canberra.
532:
legislation: of all AWAs sampled, 88 per cent abolished or 'modified' overtime rates; 89 per cent of AWAs either abolished or 'modified' shiftwork loading; 91 per cent abolished or 'modified' monetary allowances; 85 per cent abolished or 'modified incentive payments; 82 per cent abolished or
387:
contained provisions relating to both unfair dismissal and unlawful termination, which are separate matters. The Australian Industrial Relations Commission (AIRC) retained some of its role in hearing unfair dismissal and unlawful termination cases, but increased the emphasis on mediation and
1055:
declared that his party has "listened and learned" from the Australian public. He also declared that WorkChoices was "dead" and would never be resurrected as part of Coalition policy, and called on Rudd to move quickly to introduce draft industrial relations legislation. Former IR minister
770:, the ACTU set up the "Your Rights at Work" campaign website, with more than 170,000 people signing up to receive updates about the campaign and the e-list also being part of the online campaign actions. One of the most well-supported campaigns was "Take a Stand Barnaby!", petitioning
392:
proceeded to arbitration by the AIRC, where a Member of the Commission could issue a binding decision. For unlawful termination claims, the claim proceeded to a court with appropriate jurisdiction such as the Federal Court or the Industrial Division of the Federal Magistrates Court.
177:. The meeting was followed by a large rally in Sydney and events in regional areas. Individual state governments also opposed the changes. For example, the Victorian Government introduced the Victorian Workplace Rights Advocate as a form of political resistance to the changes.
827:. Various union groups also lodged their own challenge in the High Court. The High Court heard arguments between 4 May 2006 and 11 May 2006. On 14 November 2006 the High Court, by a 5 to 2 majority, rejected the challenge, upholding the Government's use of the
688:
The ACTU's media campaign triggered a government counter-campaign promoting the reforms. Stage one of the government campaign preceded the release of the legislation and cost approximately $ 46 million, including advertisements from both the government and the
438:
notice. Where this was not provided to an employee, an unlawful termination application could have been lodged. In certain circumstances where a business terminates 15 or more employees, the business needed to give written notice to a body prescribed by the
1060:
said the laws "went too deep" but were introduced with "the best intentions". "As I said yesterday and I've said since election day, WorkChoices is dead, and there is an overwhelming mandate for the Labor Party's policy of tearing up WorkChoices," he said.
486:
to replace the standard. However, the legislation was not retrospective and so did not apply to agreements created between the inception of the original WorkChoices legislation on 27 March 2006 and when the Fairness Test became operative on 7 May 2007.
468:
required that employers provide employees with five minimum entitlements, which covered maximum ordinary working hours, annual leave, parental leave, personal/carer's leave and minimum pay scales. These five minimum entitlements were referred to as the
370:
were that the types of activities carried out by an individual organisation and the extent and value of these activities must be assessed on a case-by-case basis to determine whether the activities are considered substantially "trading and financial".
131:
739:, during which the ACTU estimated 546,000 people took part in marches and protests in Australia's state capitals and other cities. The rallies were addressed by Labor State Premiers. Other notable Australians, including former Labor Prime Minister
896:
on 2 November 2005. A senate inquiry was held into the Bill from 14 November 2005 to 22 November 2005. The length of this was criticised by the Opposition as being too short. A survey by the Workplace Authority found that although most AWAs
1047:
has assumed an omnipotence that Labor will inherit and to which no mortal should aspire. It will end in tears." Des Moore stated on behalf of the Society that "The HR Nicholls Society is very disappointed with the work choices changes."
693:, information booklets and a hotline. Government polling of the period August 2005 to February 2006, not released until March 2008, revealed that the government's advertising campaign failed to make workers less apprehensive about
973:
the same. The Government did not rename the brand, but did launch a new advertising campaign that did not refer specifically to WorkChoices. This gave rise to the jibe from critics and commentators alike that the policy was one
736:
2344:
2035:
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describing the advertisements as deceitful party-political advertising funded through taxes. The Government argued that such expenditure is normal procedure when introducing radical change, citing the example of the
407:
in 1993. The arguments for these changes related to creating jobs by removing the burden on business of dismissing unsuitable employees. Arguments against the changes included the lack of job security for employees.
495:
Previously, certified agreements, which were collective agreements about employment entitlements and obligations, made by an employer directly with employees or with unions, had to be lodged and certified in the
1038:
stated that "We know the HR Nicholls society supports the abolition of awards, supports the abolition of the minimum wage, supports the abolition of the independent umpire, the Industrial Relations Commission".
637:
on 14 December and the parts concerning the Australian Fair Pay Commission, wages for school based trainees and apprentices, and redundancy pay for small employers came into force immediately from that date.
519:
addition, the newly amended Act provided for substantial penalties upon employers, employees and unions where a collective agreement did not comply with the new regulations or included prohibited content.
527:
The Office of the Employment Advocate, now known as the Workplace Authority, conducted a survey ending in September 2006 which showed the following results with respect to 'protected' conditions lost in
319:) which provides that the Commonwealth may make laws with respect to "conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State".
823:
At the commencement of the WorkChoices reforms every state and territory of Australia had a Labor government. The States lodged a challenge to the Constitutional validity of WorkChoices in the
426:, the Full Bench of the AIRC decided upon appeal that an operational reason need only be a reason for dismissal, not the sole or dominant reason for dismissal. In another significant decision,
330:) extending its coverage to an estimated 85% of Australian employees. All employees of "constitutional corporations" (i.e. trading, financial, and foreign corporations) became covered by the
663:
legislation through in 2006 so it would not be announced in an election year, and that several cabinet ministers expressed concerns that the legislation would disadvantage too many workers.
162:. It also made adjustments to a workforce's ability to legally go on strike, enabling workers to bargain for conditions without collectivised representation, and significantly restricting
478:
1086:
On 19 March 2008, a bill was passed in the Senate that prevented new AWAs from being made, and set up provisions for workers to be transferred from AWAs into intermediate agreements.
2693:
2807:
2352:
2039:
346:, and the powers of the Commonwealth to legislate for its own employees. Victoria had voluntarily referred its industrial relations powers to the Commonwealth in 1996, under
851:
had indicated they supported WorkChoices at the time, figures that ran counter to the 50 per cent of employers cited in a 2007 AC Nielsen poll as opposing the measures. The
347:
511:. Now instead of appearing before a Commissioner at the AIRC, parties to a collective agreement were only required to lodge the agreement with the Workplace Authority.
786:
in November 2005. Ultimately unsuccessful, the petition received 85,189 signatures, thought by the ACTU to be a record for an Australian online petition at that time.
1705:
1182:
868:
828:
339:
327:
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The Minister for Employment and Workplace Relations released the first set of regulations for the Bill on 17 March 2006 and following that the complete Act was
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1155:
2951:
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A spoof "15-dollar" note issued by unions criticising Joe Hockey's role as the main spokesperson on the WorkChoices policy during the 2007 election campaign
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The Bill passed through the House of Representatives on 10 November and was introduced into the Senate later that day by Special Minister of State, Senator
848:
470:
316:
2894:
1490:
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The Australian Government stopped using the name "WorkChoices" to describe its industrial relations changes on 17 May 2007. Workplace Relations Minister
719:, on the grounds that the expenditure was not approved by Parliament. On 29 September 2005 the High Court rejected this argument in a majority decision.
497:
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groups opposed to WorkChoices claimed that Billy was a perfect example of why the new laws were unfair and would lead to bosses exploiting their workers.
243:
159:
2511:
649:
2061:
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campaigns undertaken by the Rights at Work website supporters included raising $ 50,000 in five working days to erect a billboard on Melbourne's
2913:
746:
A second national day of protest was held across Australia on 30 November 2006 with rallies or meetings in about 300 sites nationwide. At the
2484:
2117:
1191:
986:
864:
818:
399:, unfair dismissal protections existed in awards or through state industrial relation commissions. The changes to dismissal laws was part of
2255:
Australian Labor Party : Caucus IR Taskforce Interim Report; AWAs; CFMEU; Polls; North Korea Missile Testing; Australian Troops In Iraq
709:
advertising. However, that advertising was severely criticised at the time, and for the same reasons. The expenditure was challenged in the
625:
On 14 November the Senate Inquiry began its five-day hearingβin which only a fraction of the submissions were heardβwith the submissions of
2854:
2140:
893:
577:
2701:
2322:
2007:
1981:
1933:
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1663:
626:
146:
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introduced several restrictions on who was able to lodge an unfair dismissal claim with the AIRC. Unfair dismissal was defined by the
170:
403:
which reduced the protections of previous unfair dismissal laws, which were introduced at a federal level by the Labor government of
2937:
2922:
1016:
942:
917:
878:
611:
184:
174:
1401:
997:
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250:
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that the federal government intended to reform Australian industrial relations laws by introducing a unified national system.
2976:
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2087:
1020:
913:
898:
806:
459:
254:
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leadership on 4 December 2006, and in the process reaffirming his opposition to WorkChoices. As Labor won government at the
859:, ran a very effective media campaign attacking the proposed changes, and alternate models were proposed by the centre-left
2257:
1068:
broke his post-election silence in March 2008 by attacking Rudd's industrial relations policy while defending WorkChoices.
844:
690:
646:
2670:
1196:
111:
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system. Other constitutional powers used by the federal government to extend the scope of the legislation included the
886:
771:
139:
2566:
134:"WorkChoices: A new workplace relations system": WorkChoices logo from the Federal Government's advertising campaign.
1098:
reintroduce AWAs, saying: "I made it clear on behalf of the Coalition prior to Christmas that WorkChoices is dead."
2981:
1177:
938:
925:
882:
852:
676:
581:
568:, who introduced the Australian industrial relations legislation, speaking at a press conference on 8 November 2005
565:
553:
169:
The passing and implementation of the new laws was strongly opposed by the left side of politics, particularly the
2400:
1089:
On 27 March 2008, the ban on new AWAs came into effect in Australia. The date was chosen by Acting Prime Minister
731:
A view of a rally on 15 November 2005 in La Trobe Street, Melbourne, giving an indication of the size of the crowd
2864:
1186:
335:
671:
503:
The new legislated changes transferred responsibility for overseeing the agreement certification process to the
338:
to cover the Australian territories, including the external territories of the Christmas and Cocos Islands, the
2273:
2127:
1968:
747:
228:
1640:
1622:
1604:
1586:
1568:
1541:
1494:
1446:
1427:
1355:
2930:
2903:
2422:
1026:
Kevin Rudd used part of the 2007 election debate to argue that the Liberal Party was being influenced by the
2519:
2189:
824:
710:
86:
54:
2648:
2943:
1035:
1027:
1012:
949:
860:
188:
2065:
1934:"ACTU Calls on Govt To Halt Deceitful IR Ads: People Wont Be Conned β Australian Council of Trade Unions"
1101:
Greens MP Adam Bandt criticised the 2014 budget as allowing WorkChoices to make an "insidious comeback".
508:
2671:"Bishop defends 'dead' Work Choices β 2007 Federal Election β ABC (Australian Broadcasting Corporation)"
1959:
1281:
1160:
889:
715:
458:
coming into force, certified agreements, subsequently called Collective Agreements (CAs) and individual
154:
promoting individual efficiency and requiring workers to submit their certified agreements directly to
1884:"BCA Reform Advertisements Go To Air Around Australia - Economic Reform Vital For Australia's Future'"
679:
since the introduction of WorkChoices, resulting in widespread coverage through mass protest rallies.
98:
2567:
Australian Labor Party : Senator Nick Minchin And The Hr Nicholls Society; Alp Internal Matters
805:
CEO John Tolmie. In April, Mr Tolmie bowed to pressure and halted plans to shift his workforce onto
982:
794:
504:
155:
2947:
1376:
2578:
871:
to sidestep the usual parliamentary oversight and implement WorkChoices, but were ruled against.
299:
201:
2375:"The Hon. Joe Hockey :: Shadow Minister for Finance, Competition Policy & Deregulation"
422:
clause by the AIRC had created precedent for a broad application of this section of the Act. In
2541:
1985:
1937:
1861:
1302:
1019:, it retained a federal rather than states-based system. Additionally, it planned to phase out
2746:"House of Reps seals 'death' of Work Choices β ABC News (Australian Broadcasting Corporation)"
906:
790:
783:
607:
588:
366:. The general principles established by this case and similar cases since the introduction of
285:
195:
vowing to abolish it. Labor won government at the 2007 election and repealed the whole of the
106:
1319:
2745:
2723:
2374:
2166:
1828:
1807:"PM 'knew Work Choices would hurt workers' β ABC News (Australian Broadcasting Corporation)"
1658:
1131:
271:
2859:
2448:
Australian Labor Party : Economy, Work Choices, AWAs, Unfair Dismissal, Kyoto, Debates
2219:
2123:
2021:
1964:
1779:
1755:
700:
The ALP, minor parties and the ACTU attacked the advertising campaign, with ACTU President
596:, which included setting up a form on its website by which people could make a submission.
43:
2472:
2454:
2345:"New name β same old IR laws: Govt move to ban references to 'Work Choices' is a cover-up"
2261:
1829:"Govt downplays Work Choices revelations β ABC News (Australian Broadcasting Corporation)"
1145:
1909:
1731:
1685:
1806:
2626:
1075:
revealed that the previous government had spent $ 121 million on what she described as
1052:
901:) removed some leave loadings, this was also accompanied by a wage rise in most cases.
2878:
2836:
1139:
960:
892:
held a majority in both houses of parliament, and amendments were introduced into the
727:
2965:
2233:
1405:
1250:
1218:
1109:
1090:
1072:
775:
701:
483:
292:
257:, including increasing the maximum life of agreements from three years to five years.
17:
2649:"Nelson declares Work Choices dead β ABC News (Australian Broadcasting Corporation)"
2465:
2485:"PM promises not to extend Work Choices β Breaking News β National β Breaking News"
1094:
1031:
751:
642:
634:
404:
239:
2095:
277:
exemption of all companies from unfair dismissal laws, where a dismissal is for a
1887:
2542:"Union dominance a danger: PM β FederalElection2007News β Federal Election 2007"
2466:
Australian Labor Party : Forward With Fairness β Policy Implementation Plan
2254:
1105:
1065:
1044:
935:
921:
802:
755:
656:
603:
545:
163:
142:
610:'s industrial relations legislation in every respect, at every stage until the
599:
130:
2036:"Australias biggest Ever Online Petition Urges Barnaby Joyce To VOTE NO on IR"
1121:
1057:
1008:
1001:
969:
946:
619:
434:
326:
as was within its constitutional powers. It relied on the corporations power (
192:
65:
809:
after 10,000 Rights at Work supporters emailed him asking him to reconsider.
754:
and the crowd was addressed by such speakers as the leader of the opposition
2447:
978:
740:
102:
916:
in order to investigate the adverse effects of the legislation, chaired by
909:
on 2 December 2005. The primary changes came into effect on 27 March 2006.
580:
on 2 November 2005 by the Minister for Employment and Workplace Relations,
560:
227:
formation of a single national industrial relations system in relation to
2909:
ACTU Rights at Work campaign website with factsheets and online campaigns
2724:"Gillard attacks Opposition over spending criticism 18th March 2008"
1080:
507:, which had some of its other powers of investigation transferred to the
2808:"Senator Cory Bernardi's call for new abortion debate sidestepped by PM"
2782:"WorkChoices has made an insidious comeback in this budget - Adam Bandt"
1192:
New South Wales & Ors v Commonwealth (Workplace Relations Challenge)
2916:
541:
433:
Unlawful termination encompassed several parts; notice of termination,
1004:(second from right) campaigning against WorkChoices at Labour Day 2007
1112:
after the latter called for more flexible industrial relations laws.
877:
was not a 2004 Liberal party election policy. However, following the
952:
government dismantled the legislation in 2008, declaring it "dead".
2860:
Lateline β 10 October 2005: IR clashes begin despite lack of detail
2323:"'McLeod' has a silver lining for ALP. 17/05/2007. ABC News Online"
315:
the Commonwealth relied on the conciliation and arbitration power (
2908:
2426:
996:
959:
726:
670:
598:
559:
540:
129:
1848:
1846:
1316:
Bankstown Handicapped Children's Centre Association Inc v Hillman
989:. Another notable curiosity was the continuation of the website.
482:
In response to widespread criticism, the government introduced a
364:
Bankstown Handicapped Children's Centre Association Inc v Hillman
2855:
Sacked staff to get $ 4000 in legal help β National β smh.com.au
743:, also spoke in opposition to the industrial relations changes.
675:"Your Rights at Work" is the name of a campaign launched by the
231:
corporations, to replace the separate State and federal systems.
2954:
Ian West in the NSW Legislative Council, and a May 2005 speech
2923:
Speech To The National Press Club β Greg Combet, ACTU Secretary
2766:
Hannon, Kate. 2008. "Bell tolls for Howard's Work Choices". In
831:
as a constitutionally valid basis for the WorkChoices reforms.
2931:
Government employment and workplace relations official website
322:
The Howard government sought to bring as many employees under
1982:"Community Protest Against New IR Laws Bigger Than Expected"
556:
will overturn this legislation, no matter how long it takes"
2627:"7:30 PM in damage control over Minchin's IR remarks"
564:
The then Minister for Employment and Workplace Relations,
270:
exemption of companies with fewer than 101 employees from
2297:"Unpopular Work Choices 'brand' dumped in ads β National"
2167:"More than 55pc of Australians oppose Work Choices: poll"
1516:
1465:
1984:. The Australian Council of Trade Unions. Archived from
1030:
to make further reforms to industrial relations, citing
934:
was a prominent issue in the defeat of the centre-right
552:, tells a media conference on 2 November 2005 that "the
2694:"No holds barred as ex-PM lashes out: The Age 7/3/2008"
2651:. Australian Broadcasting Corporation. 19 December 2007
2601:"When will Our Leaders Stop Shackling the Free Market?"
1659:"Away with the fairness: what do the AWA numbers show?"
2896:
Workplace Relations Amendment (Work Choices) Bill 2005
2887:
Workplace Relations Amendment (Work Choices) Bill 2005
1259:
Australian Government. Federal Register of Legislation
1227:
Australian Government. Federal Register of Legislation
1558:
Regulation 12.9 'Workplace Relations Regulations 2006
1253:
Workplace Relations Amendment (Work Choices) Act 2005
1245:
1243:
801:. The online campaigns also targeted employers, like
574:
Workplace Relations Amendment (WorkChoices) Bill 2005
380:
Changing dismissal protection laws for most employees
118:
Workplace Relations Amendment (Work Choices) Act 2005
74:
An act to amend the Workplace Relations Act of 1996.
36:
Workplace Relations Amendment (Work Choices) Act 2005
2748:. Australian Broadcasting Corporation. 19 March 2008
2726:. Australian Broadcasting Corporation. 18 March 2008
2581:. Australian Broadcasting Corporation. 26 March 2006
1213:
1211:
1071:
In March 2008 Federal Industrial Relations Minister
514:
This new process was criticised by those opposed to
2141:"Parliament in uproar as IR bill tabled β National"
1831:. Australian Broadcasting Corporation. 21 July 2007
1809:. Australian Broadcasting Corporation. 21 July 2007
1706:"Senate inquiry on work laws to be short and tight"
1051:Howard's successor as leader of the Liberal Party,
912:In December 2005, the federal ALP caucus formed an
82:
53:
34:
2325:. Australian Broadcasting Corporation. 18 May 2007
2025:ABC Online 30 November 2006. Retrieved 28 May 2007
2022:Unions hail IR rallies despite smaller MCG turnout
1402:"Industrial Law and the Federal Magistrates Court"
606:in November 2005 declaring Labor will "oppose the
450:Removing the "No Disadvantage Test" for agreements
97:was the name given to changes made to the federal
2234:"Survey finds protections lost under new IR laws"
1221:Workplace Relations Amendment (Work Choices) Act
2958:by Doug Cameron, National Secretary of the AMWU
2295:Schubert, Misha; Jackson, Andra (19 May 2007).
2011:The Age 30 November 2006. Retrieved 28 May 2007
1377:"Termination of Employment general information"
1183:Section 51(xx) of the Constitution of Australia
630:Senate, by a vote of 35β33 on 2 December 2005.
491:Streamlined process for agreement certification
328:Section 51(xx) of the Constitution of Australia
1936:. Actu.asn.au. 26 October 2005. Archived from
1780:"State ministers to front Senate's IR inquiry"
1647:. Commonwealth of Australia. 16 December 2005.
1629:. Commonwealth of Australia. 16 December 2005.
1593:. Commonwealth of Australia. 16 December 2005.
1491:"Dismissals for 'genuine operational reasons'"
1079:including promotional material such as 98,000
267:creation of five minimum workplace conditions.
2088:"Victory! Darrell Lea has abandoned AWA push"
1185:, article on the 'corporations power' of the
865:used the High Court to challenge the legality
8:
2952:Casual Workers β 12/10/2005 β NSW Parliament
2938:Papers from Australian Labour Market experts
2865:Casual Workers β 12/10/2005 β NSW Parliament
1371:
1369:
1156:List of political controversies in Australia
219:made a number of significant changes to the
2518:. Theaustralian.news.com.au. Archived from
1854:"Howard ignored his own polling β National"
1611:. Commonwealth of Australia. 27 March 2006.
1575:. Commonwealth of Australia. 27 March 2006.
1548:. Commonwealth of Australia. 27 March 2006.
1453:. Commonwealth of Australia. 27 March 2006.
1434:. Commonwealth of Australia. 27 March 2006.
1362:. Commonwealth of Australia. 27 March 2006.
1282:"Tips for Turnout from Your Rights at Work"
1083:, 77,000 pens and 100,000 plastic folders.
849:Australian Chamber of Commerce and Industry
471:Australian Fair Pay and Conditions Standard
2837:"Implications of Work Choices Legislation"
2213:
2211:
1690:House of Representatives: Official Hansard
1172:Australian Industrial Relations Commission
735:On 15 November 2005, the ACTU organised a
498:Australian Industrial Relations Commission
244:Australian Industrial Relations Commission
160:Australian Industrial Relations Commission
928:on 20 June 2006, and widely distributed.
127:, that came into effect on 27 March 2006.
1519:Andrew Cruickshank and Priceline Pty Ltd
1104:In January 2014, Liberal Prime Minister
523:Office of the Employment Advocate survey
2898:Explanatory Memoranda (pdf β 565 pages)
2491:. Melbourne, Australia. 15 October 2007
1207:
242:in place of National Wage Cases at the
71:
2700:. Melbourne, Australia. Archived from
1700:
1698:
1350:
1348:
652:. The Act commenced on 27 March 2006.
428:Andrew Cruickshank v Priceline Pty Ltd
348:section 51(xxxvii) of the Constitution
124:Workplace Relations Amendment Act 2005
31:
2629:. Australian Broadcasting Corporation
2579:"IR changes bring unlikely alliances"
2169:. Australian Broadcasting Corporation
1332:"Are Councils 'Trading Corporations'"
819:New South Wales v Commonwealth (2006)
199:legislation and replaced it with the
7:
2512:"Think-tank invite infuriates union"
2274:"Gillard declares Work Choices dead"
835:Political reactions and consequences
440:Workplace Relations Regulations 2006
317:section 51(xxxv) of the Constitution
302:and industry-wide industrial action.
284:increased restrictions on allowable
1785:Australian Broadcasting Corporation
1664:Australian Broadcasting Corporation
1444:for a full list of exclusions see
578:Australian House of Representatives
264:, which could be covered by awards.
147:Australian House of Representatives
27:Australian industrial relations law
2692:Grattan, Michelle (7 March 2008).
2349:Australian Council of Trade Unions
2038:. 28 November 2005. Archived from
2008:Workplace rally attracts thousands
1521:AIRC 1005 (14 December 2007)"
1166:Australian Council of Trade Unions
857:Australian Council of Trade Unions
843:Employer associations such as the
550:Australian Council of Trade Unions
25:
2925:7 July 2005 from the ACTU website
2397:"The PM gets lost in translation"
1470:AIRCFB 35 (15 January 2007)"
829:constitutional corporations power
358:federal jurisdictions, including
2806:Harrison, Dan (7 January 2014).
2425:. 20 August 2006. Archived from
2223:(.pdf), 2 December 2005, p. 144.
1138:
1124:
766:As part of its campaign against
42:
2881:. Henry Carus & Associates.
2276:. News.com.au. 25 November 2008
1641:"Part VIEβNo-disadvantage test
1108:distanced himself from senator
1021:Australian workplace agreements
667:Campaigns and counter-campaigns
460:Australian workplace agreements
255:Australian workplace agreements
121:, sometimes referred to as the
2914:PM rules out any IR compromise
2877:Carus, Henry (20 March 2014).
2510:Sid Marris (11 October 2007).
2190:"Work Choices ads cost $ 121m"
2188:Sid Marris (16 October 2007).
1860:. 7 March 2008. Archived from
914:Industrial Relations Taskforce
899:Australian workplace agreement
867:of the Commonwealth using the
576:(Cth) was introduced into the
342:, the interstate and overseas
236:Australian Fair Pay Commission
158:rather than going through the
1:
2377:. Joehockey.com. 26 June 2010
2351:. 17 May 2007. Archived from
1605:"Part 8 Workplace Agreements
1303:"[2007] WAIRComm 941"
1286:Commons Social Change Library
956:"WorkChoices" brand discarded
845:Business Council of Australia
840:read before a vote was held.
782:and vote against them in the
778:to act on his concerns about
691:Business Council of Australia
655:In July 2007, a biography of
2904:Official WorkChoices website
2062:"Sweets chain sours on AWAs"
1684:Commonwealth of Australia, "
1197:Public holidays in Australia
975:that dare not speak its name
713:by the ALP and the ACTU, in
416:Workplace Relations Act 1996
221:Workplace Relations Act 1996
112:Workplace Relations Act 1996
2780:Bandt, Adam (26 May 2014).
2423:"workchoices.gov.au - Home"
2217:Commonwealth of Australia,
2196:. Theaustralian.news.com.au
772:National Party of Australia
750:the entertainment included
311:Before the commencement of
260:reduction in the number of
2998:
1692:, No. 18, 2 November 2005.
1178:Australian labour movement
926:Parliament House, Canberra
853:Australian labour movement
816:
677:Australian labour movement
554:Australian labour movement
249:streamlined the making of
109:, being amendments to the
2946:include from Commentator
2812:The Sydney Morning Herald
2546:The Sydney Morning Herald
2145:The Sydney Morning Herald
1858:The Sydney Morning Herald
1710:The Sydney Morning Herald
1299:Bysterveld v Shire of Cue
360:Bysterveld v Shire of Cue
183:was a major issue in the
107:Howard government in 2005
60:
48:Coat of Arms of Australia
41:
1468:Carter v Village Cinemas
1320:[2010] FCAFC 11
894:House of Representatives
807:AWA individual contracts
723:National days of protest
442:, currently Centrelink.
424:Carter v Village Cinemas
344:trade and commerce power
2879:"Australian Labour Law"
2673:. ABC. 28 November 2007
2471:11 October 2007 at the
2453:1 November 2007 at the
1643:Workplace Relations Act
1625:Workplace Relations Act
1607:Workplace Relations Act
1589:Workplace Relations Act
1571:Workplace Relations Act
1544:Workplace Relations Act
1449:Workplace Relations Act
1430:Workplace Relations Act
1358:Workplace Relations Act
1280:Hammond, Holly (2012).
1187:Australian Constitution
825:High Court of Australia
737:national day of protest
711:High Court of Australia
87:Parliament of Australia
55:Parliament of Australia
2944:Master and Servant Act
2303:. Melbourne, Australia
2260:23 August 2006 at the
2124:[2006] HCA 52
2094:. ACTU. Archived from
1965:[2005] HCA 61
1093:to have the law given
1077:WorkChoices propaganda
1064:Former Prime Minister
1036:Australian Labor Party
1028:H. R. Nicholls Society
1013:Australian Labor Party
1005:
965:
861:Australian Labor Party
732:
680:
615:
569:
557:
340:external affairs power
295:for industrial action.
189:Australian Labor Party
135:
2977:Industrial agreements
2972:Australian labour law
2835:Wooden, Mark (2006).
1960:Combet v Commonwealth
1686:Parliamentary Debates
1161:Australian labour law
1017:2007 federal election
1000:
977:, an allusion to the
963:
943:2007 federal election
879:2004 federal election
855:, represented by the
797:raising awareness of
730:
716:Combet v Commonwealth
674:
602:
587:On the same day, the
563:
544:
234:establishment of the
185:2007 federal election
133:
18:Work Choices Act 2005
2900:Warning, large file.
2891:Warning, large file.
2403:on 16 September 2007
2042:on 27 September 2007
1940:on 29 September 2007
1447:"section 638 of the
813:High Court challenge
684:High Court challenge
251:Certified Agreements
171:trade union movement
99:industrial relations
2522:on 11 November 2007
2092:Your Rights at Work
1864:on 12 December 2008
1428:"Section 652(1)(b)
1408:on 15 December 2007
983:Lord Alfred Douglas
795:Tullamarine Freeway
659:said he pushed the
627:State and Territory
548:, Secretary of the
509:Workplace Ombudsman
505:Workplace Authority
375:Significant changes
307:Scope of the system
281:operational reason.
156:Workplace Authority
2768:The Canberra Times
2704:on 24 October 2012
2236:. ABC. 30 May 2006
2120:(WorkChoices case)
2118:NSW v Commonwealth
2068:on 7 November 2007
1988:on 13 October 2009
1006:
966:
945:. The centre-left
941:government at the
905:was passed by the
869:Corporations power
733:
681:
633:The Bill received
616:
570:
558:
300:pattern bargaining
202:Fair Work Act 2009
136:
2982:Howard government
2942:Comparisons with
2548:. 14 October 2007
2429:on 20 August 2006
2147:. 2 November 2005
1890:on 20 August 2006
1712:. 9 November 2005
791:internet activism
608:Howard government
336:territories power
286:industrial action
262:allowable matters
92:
91:
16:(Redirected from
2989:
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762:Online campaigns
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2889:(pdf β 691 pgs)
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1497:on 14 July 2011
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2786:The Guardian
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2607:. Australia
2407:20 February
2359:25 November
2173:9 September
1337:29 December
1106:Tony Abbott
1066:John Howard
1045:John Howard
932:WorkChoices
922:Kim Beazley
903:WorkChoices
875:WorkChoices
803:Darrell Lea
799:WorkChoices
780:WorkChoices
768:WorkChoices
756:Kim Beazley
695:WorkChoices
661:WorkChoices
657:John Howard
604:Kim Beazley
594:WorkChoices
546:Greg Combet
530:WorkChoices
516:WorkChoices
466:WorkChoices
456:WorkChoices
412:WorkChoices
401:WorkChoices
397:WorkChoices
385:WorkChoices
368:WorkChoices
332:WorkChoices
324:WorkChoices
313:WorkChoices
217:WorkChoices
210:WorkChoices
197:WorkChoices
187:, with the
181:WorkChoices
164:trade union
151:WorkChoices
143:John Howard
95:WorkChoices
2966:Categories
2829:References
1058:Joe Hockey
1009:Kevin Rudd
1002:Kevin Rudd
981:coined by
970:Joe Hockey
643:proclaimed
620:Eric Abetz
435:Centrelink
193:Kevin Rudd
175:Unions NSW
166:activity.
66:Long title
2817:7 January
1526:2 January
1501:2 January
1475:2 January
1412:3 January
1385:3 January
1081:mousepads
979:euphemism
890:coalition
741:Bob Hawke
395:Prior to
298:outlawed
291:mandated
279:bona fide
103:Australia
2791:20 April
2469:Archived
2451:Archived
2258:Archived
1670:10 April
1116:See also
887:National
847:and the
774:Senator
500:(AIRC).
101:laws in
2917:The Age
2752:20 July
2730:20 July
2708:20 July
2698:The Age
2677:20 July
2655:20 July
2633:20 July
2611:20 July
2605:The Age
2585:20 July
2552:20 July
2526:20 July
2495:20 July
2489:The Age
2381:20 July
2329:20 July
2307:20 July
2301:The Age
2280:20 July
2240:20 July
2200:20 July
2151:20 July
1944:20 July
1868:20 July
1835:20 July
1813:20 July
939:Liberal
883:Liberal
246:(AIRC).
212:changes
115:by the
105:by the
2844:Agenda
2433:20 May
2102:1 June
2072:1 June
2046:1 June
1992:6 June
1918:6 June
1894:6 June
1791:6 June
1764:6 June
1740:6 June
1716:6 June
1174:(AIRC)
1168:(ACTU)
993:Legacy
936:Howard
907:Senate
881:, the
789:Other
784:Senate
589:Senate
2840:(PDF)
2122:
1963:
1913:(PDF)
1759:(PDF)
1735:(PDF)
1645:1996"
1627:1996"
1609:1996"
1591:1996"
1573:1996"
1546:1996"
1451:1996"
1432:1996"
1380:(PDF)
1360:1996"
1318:
1223:2005"
1203:Notes
950:Labor
274:laws.
2819:2014
2793:2018
2754:2010
2732:2010
2710:2010
2679:2010
2657:2010
2635:2010
2613:2010
2587:2010
2554:2010
2528:2010
2497:2010
2435:2019
2409:2008
2383:2010
2361:2008
2331:2010
2309:2010
2282:2010
2242:2010
2202:2010
2175:2007
2153:2010
2104:2007
2074:2007
2048:2007
1994:2007
1971:494.
1946:2010
1920:2007
1896:2007
1870:2010
1837:2010
1815:2010
1793:2007
1766:2007
1742:2007
1718:2007
1672:2008
1528:2008
1503:2008
1477:2008
1414:2008
1387:2008
1339:2007
1267:2020
1234:2020
985:for
947:Rudd
572:The
362:and
253:and
2956:PDF
2128:CLR
1969:CLR
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924:at
748:MCG
707:GST
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