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Workchoices
WorkChoices was the name given to changes made to the federal industrial relations laws in Australia by the Howard Government in 2005, being amendments to the ''Workplace Relations Act 1996'' by the ''Workplace Relations Amendment (Work Choices) Act 2005'', sometimes referred to as the ''Workplace Relations Amendment Act 2005'', that came into effect on 27 March 2006. In May 2005, Prime Minister John Howard informed the Australian House of Representatives that the federal government intended to reform Australian industrial relations laws by introducing a unified national system. ''WorkChoices'' 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 promoting individual efficiency and requiring workers to submit their certified agreements di ...
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WorkChoices Logo
WorkChoices was the name given to changes made to the federal industrial relations laws in Australia by the Howard Government in 2005, being amendments to the ''Workplace Relations Act 1996'' by the ''Workplace Relations Amendment (Work Choices) Act 2005'', sometimes referred to as the ''Workplace Relations Amendment Act 2005'', that came into effect on 27 March 2006. In May 2005, Prime Minister John Howard informed the Australian House of Representatives that the federal government intended to reform Australian industrial relations laws by introducing a unified national system. ''WorkChoices'' 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 promoting individual efficiency and requiring workers to submit their certified agreements di ...
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2007 Australian Federal Election
The 2007 Australian federal election was held in Australia on 24 November 2007. All 150 seats in the House of Representatives and 40 of the seats in the 76-member Senate were up for election. The election featured a 39-day campaign, with 13.6 million Australians enrolled to vote. The centre-left Australian Labor Party opposition, led by Kevin Rudd and deputy leader Julia Gillard, defeated the incumbent centre-right Coalition government, led by Liberal Party leader and Prime Minister, John Howard, and Nationals leader and Deputy Prime Minister, Mark Vaile, by a landslide. The election marked the end of the 11 year Howard Liberal-National Coalition government that had been in power since the 1996 election. This election also marked the start of the six-year Rudd-Gillard Labor government. Future Prime Minister Scott Morrison, future opposition leader Bill Shorten and future Deputy Prime Minister Richard Marles entered parliament at this election. This would be the last tim ...
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Fair Work Act 2009
The ''Fair Work Act 2009'' (Cth) is an Act of the Parliament of Australia, passed by the Rudd Government to reform the industrial relations system of Australia. It replaced the Howard Government's WorkChoices legislation, it established Fair Work Australia, later renamed the Fair Work Commission. As the core piece of Australian labour law legislation, it provides for terms and conditions of employment, and also sets out the rights and responsibilities of parties to that employment. The Act established a safety net consisting of a national set of employment standards, national minimum wage orders, and a compliance and enforcement regime. It also establishes an institutional framework for the administration of the system comprising the Fair Work Commission and the Fair Work Ombudsman, The Fair Work Divisions of the Federal Court and Federal Magistrates Court and, in some cases, state and territory courts, perform the judicial functions under the Act. The Act is the foundati ...
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Kevin Rudd
Kevin Michael Rudd (born 21 September 1957) is an Australian former politician and diplomat who served as the 26th prime minister of Australia from 2007 to 2010 and again from June 2013 to September 2013, holding office as the leader of the Australian Labor Party (ALP). He is set to be appointed as the 23rd Ambassador of Australia to the United States in March of 2023, succeeding Arthur Sinodinos. Born in Nambour, Queensland, Rudd graduated from the Australian National University with honours in Chinese studies, and is fluent in Mandarin. Before entering politics, he worked as a diplomat and public servant for the Goss Ministry. Rudd was elected to the Australian House of Representatives at the 1998 federal election, as a member of parliament (MP) for the division of Griffith. He was promoted to the shadow cabinet in 2001 as Shadow Minister for Foreign Affairs. In December 2006, he defeated Kim Beazley in a leadership spill to become the leader of the Labor Party, thus ...
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Australian Council Of Trade Unions
The Australian Council of Trade Unions (ACTU), originally the Australasian Council of Trade Unions, is the largest peak body representing workers in Australia. It is a national trade union centre of 46 affiliated unions and eight trades and labour councils. The ACTU is a member of the International Trade Union Confederation. The President of the ACTU is Michele O'Neil, who was elected on 28 July 2018. The current Secretary is Sally McManus. Objectives The objectives of the ACTU, found in its constitution, are: * the socialisation of industry, * the organisation of wage and salary earners in the Australian workforce (within the trade union movement), * the utilisation of Australian resources to maintain full employment, establish equitable living standards which increase in line with output, and create opportunities for the development of talent. Organisation The ACTU holds a biennial congress that is attended by approximately 800 delegates from affiliated organisations. Betwe ...
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Section 51(xx) Of The Constitution Of Australia
Section 51(xx) of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the power to legislate with respect to "foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth". This power has become known as "the corporations power", the extent of which has been the subject of numerous judicial cases. Jurisprudence to 1971 After the High Court's decision in ''Huddart, Parker & Co Ltd v Moorehead'' (1909), the "corporations" power was largely ignored as a basis for Commonwealth legislation. The majority judges agreed in this case that the power should be construed narrowly, though they were unable to agree on any appropriate interpretation. Their approach reflected the perceived need to protect "the reserved powers of the States", an idea abandoned in 1920 as a result of the '' Engineer' case''.. Justice Issacs dissent in ''Huddart, Parker & Co.'' gave a broad mean ...
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Workplace Authority
The Workplace Authority was an Australian Government statutory agency that existed from 1 July 2007 to 1 July 2009. It replaced and expanded the role of the Office of the Employment Advocate, which had existed since 1997. It was itself replaced by the Fair Work Ombudsman and Fair Work Australia (since renamed the Fair Work Commission). The primary role of the Office of the Employment Advocate was to accept the lodgement of Australian workplace agreements. In March 2006 the Office's role expanded to include the lodgement of collective agreements. The ''Workplace Relations Amendment (A Stronger Safety Net) Act 2007'' received royal assent on 28 June 2007, establishing the Workplace Authority and introducing the Fairness Test, as part of the WorkChoices amendments to Australian labour law. The Authority's director, Barbara Bennett, was responsible for assessing whether agreements lodged on or after 7 May 2007 passed the Fairness Test. However she also agreed to be the front of the ...
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John Howard
John Winston Howard (born 26 July 1939) is an Australian former politician who served as the 25th prime minister of Australia from 1996 to 2007, holding office as leader of the Liberal Party. His eleven-year tenure as prime minister is the second-longest in history, behind only Sir Robert Menzies, who served for eighteen non-consecutive years. Howard was born in Sydney and studied law at the University of Sydney. He was a commercial lawyer before entering parliament. A former federal president of the Young Liberals, he first stood for office at the 1968 New South Wales state election, but lost narrowly. At the 1974 federal election, Howard was elected as a member of parliament (MP) for the division of Bennelong. He was promoted to cabinet in 1977, and later in the year replaced Phillip Lynch as treasurer of Australia, remaining in that position until the defeat of Malcolm Fraser's government at the 1983 election. In 1985, Howard was elected leader of the Liberal Party for ...
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Enterprise Bargaining Agreement
Enterprise bargaining is an Australian term for a form of collective bargaining, in which wages and working conditions are negotiated at the level of the individual organisations, as distinct from sectoral collective bargaining across whole industries. Once established, they are legally binding on employers and employees that are covered by the Enterprise bargaining agreement. An Enterprise Agreement (EA) consists of a collective industrial agreement between either an employer and a trade union acting on behalf of employees or an employer and employees acting for themselves. By definition, an agreement, is the outcome of a ''negotiation'', and a ''decision'', involving multiple ''parties''. (See Fair trade) On the one hand, collective agreements, at least in principle, benefit employers, as they allow for improved "flexibility" in such areas as ordinary hours, flat rates of hourly pay, and performance-related conditions. Whilst collective agreements may, on the other hand, benefit ...
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Australian Industrial Relations Commission
The Australian Industrial Relations Commission (AIRC), known from 1956 to 1973 as the Commonwealth Conciliation and Arbitration Commission and from 1973 to 1988 as the Australian Conciliation and Arbitration Commission, was a tribunal with powers under the Workplace Relations Act 1996 (and equivalent earlier legislation) that existed from 1956 until 2010. It was the central institution of Australian labour law. The AIRC replaced a previous system of industrial courts, which broadly speaking, was engaged in the same functions, but with superior independence and powers. History Commonwealth Court of Conciliation and Arbitration and the ''Boilermakers'' decision The Commonwealth Court of Conciliation and Arbitration, a court created in 1904 to hear and arbitrate industrial disputes, and to make awards, was abolished in 1956 following the decision of the High Court in '' the Boilermakers' case''. The High Court held that the Court of Conciliation and Arbitration, as a tribunal exe ...
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Workplace Relations Act 1996
The ''Workplace Relations Act 1996'' was an Australian law regarding workplace conditions and rights passed by the Howard government after it came into power in 1996. It replaced the previous Labor Government's ''Industrial Relations Act 1988'', and commenced operation on 1 January 1997. In 2005, the Howard government passed the '' Workplace Relations Amendment Act 2005'' which came into effect on 27 March 2006 and substantially amended the original Act, bringing in the ''WorkChoices'' changes to Australian labour law. The Act was repealed on 1 July 2009 by the ''Fair Work Act 2009'' passed by the Rudd Labor Government, and superseded by the ''Fair Work (Registered Organisations) Act 2009''. Provisions The Act provided for the continuation of the existing federal award system which provided a minimum set of terms and conditions for employment. It kept the previous Australian Industrial Relations Commission, which continued to determine federal awards but whose determinations ...
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Pattern Bargaining
Pattern bargaining is a process in labour relations, where a trade union gains a new and superior entitlement from one employer and then uses that agreement as a precedent to demand the same entitlement or a superior one from other employers. In the United States, pattern bargaining was pioneered by unions such as the United Auto Workers and the Teamsters. The first step of the bargaining process is the identification of a target employer that is most likely to agree to a favourable employment contract. For the selected company, this provides an opportunity to influence the contract for the industry, while the downside is the risk of a labour disruption if negotiations stall or fail. Once this contract has been successfully negotiated and ratified by the unionized workers, the union declares it a "pattern agreement" and presents it to the other employers as a take-it-or-leave-it offer. In Australia, pattern bargaining was specifically outlawed under the now-repealed WorkChoices ...
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