We recently discussed the Government’s IR proposed changes in the article Loosening The BOOT Straps And 9 Other Industrial Relations Changes. There has finally been some movement in this regard with discussions with the cross-bench proving to be a major stumbling block. As an update the BOOT test changes have now been scrapped (well at least 1 major one).
The 2 year exception to the BOOT Test was meant to encourage more EBAs to pass through the Fair Work Commission and give COVID-19 effected Employers the ability to utilise EBAs. However, even with this controversial amendment being “dumped” the EBA process is still under intense scrutiny.
This is an area to keep on watching as the changes will still likely go through a bit more “dumping” until an IR bill can get through the senate. What is important to note is that EBAs may get some changes but over reliance on this in your workforce planning and HR strategy is still fraught with ambiguity.
Some other changes include:
This is the time for Human Resources to ensure their industrial relations and workplace relations processes, procedures and documents align legally. In particular with one eye on the possibly myriad of changes coming. NB Lawyers – Lawyers for Employers undertake and offer a Legal Business Review which include the above. Reach out via email@example.com or +61 (07) 3876 5111 to book a consultation.
Jonathan Mamaril leads a team of handpicked experts in the areas of employment law and commercial law at NB Lawyers – Lawyers for Employers who focus on educating clients to avoid headaches, provide advice on issues before they fester and when action needs to be taken and there is a problem mitigate risk and liability. With a core value of helping first and providing practical advice, Jonathan is a sought after advisor to a number of Employers and as a speaker for forums and seminars where his expertise is invaluable as a leader in this area as a lawyer for employers.
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