Workplace Relations Amendment (Work Choices) Act 2005
Act No. 153 of 2005 as amended
This compilation was prepared on 29 March 2007
[This Act was amended by Act No. 163 of 2006; No. 8 of 2007]
Amendments from Act No. 163 of 2006
[Schedule 6 (items 49 and 50) amended Schedule 4 (item 5A)
Schedule 6 (items 49 and 50) commenced on 12 December 2006]
For application provision see Act No. 163, 2006, Schedule 6 (item 62)
Amendments from Act No. 8 of 2007
[Schedule 2 (item 17) amended item 187 of Schedule 1
Schedule 2 (item 18) amended item 24 of Schedule 4
Schedule 2 (item 17) commenced immediately before 27 March 2006
Schedule 2 (item 18) commenced immediately after 27 March 2006]
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Main amendments
Workplace Relations Act 1996
Schedule 1A—Establishment of Australian Fair Pay Commission
Workplace Relations Act 1996
Financial Management and Accountability Regulations 1997
Schedule 2—Transitional arrangements for State organisations
Workplace Relations Act 1996
Schedule 3—School‑based apprentices and trainees
Workplace Relations Act 1996
Schedule 3A—Redundancy pay by small business employers
Workplace Relations Act 1996
Schedule 4—Transitional and other provisions
Part 1—Regulations for transitional etc. provisions and consequential amendments
Part 2—Transitional, application and saving provisions
Division 1—Definitions used in this Part
Division 2—Awards
Division 3—Termination of employment
Division 4—Miscellaneous
Schedule 5—Renumbering the Workplace Relations Act 1996
Workplace Relations Act 1996
An Act to amend the law relating to workplace relations, and for related purposes
[Assented to 14 December 2005]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Workplace Relations Amendment (Work Choices) Act 2005.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 14 December 2005 |
2. Schedule 1 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 27 March 2006 (see F2006L00836) |
2A. Schedule 1A | The day on which this Act receives the Royal Assent. | 14 December 2005 |
3. Schedule 2 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 27 March 2006 (see |
Overview
The Workplace Relations Amendment (Work Choices) Act 2005 was enacted by the Australian Parliament to address gaps in the workplace relations framework and to streamline the system to encourage cooperative and flexible agreements between employers and employees. This legislation aimed to create a more balanced and fair workplace environment, promoting economic prosperity and social welfare by reducing complexity and fostering direct negotiation. The policy objective is to establish a national framework that protects the rights of both employers and employees while encouraging economic participation and productivity.
The Act introduces comprehensive measures to regulate industrial relations, including the establishment of the Australian Fair Pay Commission to set a national minimum wage and conditions. It also provides mechanisms for the creation, enforcement, and dispute resolution of workplace agreements, alongside protections against unfair dismissal. Furthermore, the Act addresses the protection of freedom of association by prohibiting certain coercive practices and providing for the enforcement of these protections through the Fair Work Commission, with provisions for both civil and criminal penalties for breaches.
Scope and Application
The Workplace Relations Amendment (Work Choices) Act 2005 applies to employers and employees across various industries in Australia, establishing a framework designed to foster cooperative and fair workplace relations. This includes constitutional corporations, Commonwealth places, and any conduct, whether within or outside Australia, that impacts Australian interests. The Act sets up the Australian Fair Pay Commission to oversee national minimum wage and conditions, and provides for the creation and enforcement of workplace agreements. It also extends to regulating freedom of association within industrial relations, prohibiting coercive or misleading conduct by organisations and officials, and ensuring protections against unfair dismissal and victimisation related to protected industrial action. Exclusions or thresholds are not explicitly stated within the text, and the application may be further defined or extended through subordinate instruments. Enforcement mechanisms include both civil and criminal penalties for violations, and the Act outlines the roles and responsibilities of various officials and bodies in ensuring compliance and dispute resolution.
Key Provisions
- Part 1 of the Workplace Relations Amendment (Work Choices) Act 2005 (sections 1-15) sets the stage for a cooperative framework in Australian workplaces, focusing on fair and flexible agreements between employers and employees. It establishes the Australian Fair Pay Commission (section 3) which is tasked with setting a national minimum wage and conditions (section 4). It also outlines the processes for creating and enforcing workplace agreements (sections 5-8), ensuring they are fair and comply with the Act. Furthermore, this part introduces mechanisms for dispute resolution (section 9) and protections against unfair dismissal (section 10). The Act includes provisions for officials to inspect workplaces (section 11) and investigate potential breaches of industrial laws, aiming to maintain balance in workplace relations.
- Under the Act, parties and entities are required to adhere to the outlined procedures for creating, negotiating, and enforcing workplace agreements (sections 5-8). Employers and employees must ensure their agreements are fair and lawful, and must comply with the national minimum wage and conditions set by the Australian Fair Pay Commission (section 4). The Act imposes obligations on employers to avoid coercive or discriminatory conduct (section 12) and mandates them to protect employees' rights to participate in protected industrial action without fear of disadvantage (section 13). Employers and employees are also required to comply with orders issued by the Commission regarding workplace conduct and dispute resolution (section 14).
- Breaches of this legislation can result in significant penalties. For instance, contravening an order of the Commission carries criminal penalties (section 18), while more general contraventions of civil remedy provisions are subject to civil penalties (section 17). The Act also penalises the publication of false allegations against Commission members, which can also attract criminal penalties (section 19). Additionally, there are provisions for the Commission to limit or ban the issue of permits to organisations found to be in breach of the Act's provisions (section 16), ensuring that only compliant entities can operate within the regulated framework.
- Area of Law
- Employment & Labour Law
- Industrial Relations Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Prohibited Conduct
- Enforcement Powers
- Civil Penalty Provisions
- Rights & Protections