The state government has reaffirmed its commitment to retaining a separate WA industrial relations system after releasing the long-awaited Amendola review.
The state government has reaffirmed its commitment to retaining a separate WA industrial relations system after releasing the long-awaited Amendola review.
Its response was criticised by the Chamber of Commerce and Industry WA, which said the rejection of the majority of the 193 recommendations of the Amendola review was a wasted opportunity to improve the State's outdated industrial relations system.
"It has taken the government 14 months to release this report, and now that it has, the government's response falls well short of what the WA business community needs," said CCI Manager, Industrial Relations Policy, Marcia Kuhne.
"The report takes up many of CCI's recommendations on how to make the State's IR system fairer and more flexible.
"Despite admitting the current system is outdated and spending around $850,000 on the report, the State Government is only prepared to tinker around the edges of a system that is fundamentally flawed.
Commerce Minister Bill Marmion said the State Government would be implementing a range of recommendations from the review.
"A major recommendation we will adopt is to retain and streamline the Western Australian Industrial Relations Commission," Mr Marmion said.
The review by lawyer Steven Amendola makes 193 recommendations for reform of the Western Australian industrial relations system.
The State system applies to up to 30 per cent of WA employees, mainly employed in unincorporated small business and the public sector.
"The Government initiated a review of the State industrial relations system to achieve the most productive, fair and flexible industrial relations system possible for Western Australian businesses and workers," Mr Marmion said.
"The current system is outdated and does not adequately reflect the needs of small business and the public sector."
He added the Government will engage with stakeholders, including employer groups, particularly those representing small business, public sector agencies and unions.
The Government plans to introduce legislation to State Parliament in the second half of 2011.
The review, which commenced in June 2009, was required to take into account the
Federal Government's Fair Work Act 2009 and identify:
(a) which elements of the Fair Work Act 2009 should form part of a reformed
State industrial relations system; and
(b) potential areas for harmonisation of State and federal industrial relations
legislation.
The review was asked to specifically identify areas of legislative reform including but not limited to: unfair dismissal, employment agreements, union right of entry, minimum wages, dispute resolution and statutory minimum conditions.
The review said its recommendations would bring about conceptual harmonisation with the Fair Work Act 2009 in the following manner:
-There will be structural harmonisation by making the tribunal a true quasi-judicial
body.
-There will be jurisdictional harmonisation in that access to the tribunal will not be at
large, but rather access to the tribunal, particularly in respect of arbitration, will be more targeted.
-There will be a two-tier set of minimum conditions: one being a set of statutory minima (State Employment Standards), applicable across the board to employees; the other being a set of modern core sector awards applying to employees working within classifications in the relevant sector.
-The system will rely on the minimum wage architecture in the Fair Work Act 2009 in the setting of minimum wages in the future.
-Conciliation will actually be conciliation, as opposed to the current position, which provides for de facto arbitrated elements within the conciliation process. Moreover there will be access to other alternative dispute resolution mechanisms.
-There will be a capacity for employees to take protected action during bargaining
for a collective agreement, having followed proper processes, but not otherwise.
-By contrast with the current system, collective agreements within the system will
require a vote of a majority of employees and will have to meet a benchmark test.
-Collective agreements will contain an individual flexibility term.
-Qualification periods and exemptions will be available in respect of unfair
dismissals.
-The obtaining and retaining of permits for the purpose of right of entry will reflect
the Fair Work Act 2009.
-Inspectors' powers will be upgraded to those available to inspectors under the Fair
Work Act 2009.
-The existing court system will be used rather than having separate industrial courts.
