Fair Work Act Review – background paper and submission timeline released

Introduction

The Fair Work Act Review Panel (the Panel) has released a background paper that provides stakeholders with guidance about the submission process.

Written submissions are due by 17 February 2012 and supplementary submissions, including comments on other submissions, are due by 2 March 2012.

In addition to the formal submission process, the Panel intends to convene discussions and roundtable meetings with all key employer and employee representatives.

The background paper

The Panel has released a background paper to assist parties in making submissions. The majority of the background paper comprises economic and statistical data regarding the Australian labour market and key workplace relations issues, including modern awards, enterprise agreements, transfers of business, unfair dismissals and industrial action.

What should submissions address?

The Panel emphasises the need for concise, evidence-based submissions that deal with the Review’s Terms of Reference and any or all of the following matters:

1. the operation of the Act and the extent to which its impact has been consistent with its stated object (‘to provide a balanced framework for cooperative and productive workplace relations that promotes national economic prosperity and social inclusion for all Australians’),
2. the extent to which the Act is operating as intended, and
3. areas for improvement in the operation of the Act.

The background paper also includes a list of 69 questions that participants may like to consider when preparing their submissions. The questions cover the following topics:

• the general operation and impact of the Act, 
• safety net,
• bargaining and agreement-making,
• equal remuneration,
• transfer of business, 
• general protections,
• unfair dismissal,
• industrial action,
• right of entry, and
• the institutional framework.

Next steps

The background paper and further information regarding the Review is available online¹. All non-confidential submissions will also be posted on this website.

Clients should act now if they wish to make a submission as the closing date is less than a month away. The Panel is due to report to the Government by 31 May 2012.

This article was written by Bianca Janovic, Solicitor, and John Cooper, Partner, Melbourne.

Endnotes

1. Background paper

More information

Please contact a member of the Employee Relations Team if you would like assistance with your submission, further information about the Review or the options available for contributing to the review process.