|
|
Work Choices - Industrial action main concern of employers. |
Emerging trends from decisions of the Australian Industrial Relations Commission give some indication of the post-Work Choices world. |
The vast majority of applications to the Commission have been about industrial action -applications by employees for secret ballot orders to authorise taking industrial action, and applications by employers for orders to stop or prevent industrial action. |
While uncertainty remains over decisions by the Commission on the former, those in relation to applications for orders to stop or prevent industrial action have been relatively straightforward. |
Industrial relations legislation has always granted the Commission power to order that unlawful industrial action cease, but the Commission in the past only used this power in a discretionary way - where the industrial action was "unprotected" and deemed to be "illegitimate". The subjectivity of exercising this discretion led to a high level of unpredictability whether an order would be made. |
The new legislation removes the Commission's discretion - it is now mandator y for it to make an order where unlawful industrial action is threatened, being organised or happening. It is also required to hear and determine applications within 48 hours, providing applicants with quicker access to remedies. |
Employers have rushed to take advantage of the new provisions. A dozen applications were brought in the first two months of the new legislation. |
Examining applications made so far suggests the amended provision has been successful in curbing unlawful industrial disruption. The Commission has only adjourned or dismissed applications where employees and the union undertake not to engage in industrial action. Consult your solicitor for further information on workplace relations issues. |
