Industrial legislation in Australia in 2013

Abstract

In respect of industrial legislation, 2013 was a year of contrasts. At federal level, the outgoing Australian Labor Party government secured substantive new rights for trade unions with respect to right of entry, while those same unions faced increased regulation of their internal affairs and onerous new reporting and disclosure requirements when changes enacted in 2012 to the Registered Organisations Act 2009 (Cth) took effect. Other changes to the Fair Work Act included the introduction of a new ‘anti-bullying’ regime and the implementation of a range of family friendly measures to encourage consultation and discussion between employees and employers. At state level, there were significant developments with respect to the regulation of public sector workers in Queensland and New South Wales. Changes to Queensland industrial relations legislation restricted the range of matters that may be contained in Queensland awards or agreements, and imposed further curtailment of the right of public sector workers to take industrial action. In New South Wales, major changes to public sector regulation saw the reduction of statutory restrictions around the employment of public sector workers and an increase in the range of discretionary matters controlled by the New South Wales Public Service Commissioner. These changes increased the managerial prerogative powers of the New South Wales and Queensland governments as employers, while reducing job security, employment conditions and the ability of state public sector workers to have a meaningful say in their working conditions.