The WA industrial relations system is alive and well despite uncertainties caused by the Federal Government's Work Choices amendments, according to the Chief Commissioner of the WA Industrial Relations Commission, Tony Beech.
The WA industrial relations system is alive and well despite uncertainties caused by the Federal Government's Work Choices amendments, according to the Chief Commissioner of the WA Industrial Relations Commission, Tony Beech.
Addressing an employment law masterclass in Perth today, Mr Beech said that the WAIRC continued to set State employment standards and deal with unfair dismissal claims and claims by employees that they were owed money under their employment contracts.
"When Work Choices was introduced, there seemed to be a popular understanding that it created one industrial relations system. I suspect there is now a more informed understanding that it did not do so," he said.
"The publicity given to the various States' general wage cases in June and July this year illustrated that the States' industrial relations systems are alive and well."
Work Choices had not changed the WAIRC or the State's industrial relations system, and did not override the WAIRC's coverage of State Government employees and private sector employers and employees where the employer was unincorporated. Exact figures were difficult to measure and often changed, due to the many changes to State and federal industrial relations laws. However, a significant part of the State's workforce - perhaps up to 40 per cent - remained in the State system.
Mr Beech said that the WA system continued to apply to employers previously covered by State awards and agreements who were sole traders, partnerships, trusts or corporations (except trading, financial or foreign corporations). There was doubt about which jurisdiction covered local government, though a recent South Australian case had decided a council was covered by the State. That could be a signpost for the WAIRC.
The Fire and Emergency Services Authority had returned to the WA jurisdiction after the expiry of its Federal agreement with the United Firefighters' Union, and it was likely some other agencies would do the same.
Mr Beech said that the Federal legislation had caused uncertainty and confusion in the WAIRC's operations, which had to clarify on a case-by-case basis whether Work Choices applied to a particular matter before it.
"Many private sector employees do not know who their employer is," he said. "They may cite a trading name, or the name of their manager. Even employers might not use their correct legal identity in the Commission until the significance of doing so is pointed out to them in Commission proceedings."
Mr Beech said that unfair dismissal claims could and were still being made in the WAIRC, though numbers were dropping.
It was important to understand that the restriction that such claims could not be made against employers with 100 or fewer employees only applied to employers covered by Work Choices.
The WAIRC also continued to deal with employee claims that they had been denied contractual benefits. It had yet to be tested whether Work Choices prevented such claims where the employer was a constitutional corporation.
"The WAIRC will continue to deal with all industrial matters unless the Federal law is shown to apply," Mr Beech said.
Mr Beech suggested that the WAIRC's future role could involve more mediation to help small and medium-sized businesses wanting assistance with industrial relations matters. To promote this, the Commission could become more user-friendly by reducing formalities that slowed down the process.
"I have recently spoken to many employer and employee organisations active in WA industries, and have found broad support for the State to have its own industrial relations system," Mr Beech said.
"I am sure the road ahead for the WAIRC will be well-used."
