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What's happening with the Workplace Relations Act

A time line of the Act from 23 May 1996 when the Workplace Relations and Other Legislation Bill 1996 was introduced into the Commonwealth Parliament.

Click on a month below

[May 1996] [June 1996] [July 1996] [August 1996] [September 1996]
[October 1996] [November 1996] [December 1996]
[January 1997] [March 1997] [April 1997] [May 1997]

Sunday 25 May 1997

From this date, the jurisdiction of the Industrial Relations Court of Australia is transferred to the Federal Court of Australia. This is the last of the provisions of the Workplace Relations and Other Legislation Amendment Act 1996 to come into operation.

Wednesday 14 May 1997

Small business exemption from unfair dismissal: Notice of motion of disallowance of the regulation referred to in the entry for 30 April, is made in the Senate by Senator Murray (Australian Democrats). The notice must be dealt with within 15 sitting days (that is, by Tuesday 26 August 1997, on the current scheduled sitting pattern for the Senate), or it operates by its own force. (Note: The exclusion is from federal unfair dismissal provisions, not unlawful termination provisions.)

The Minister for Industrial Relations has stated publicly that if the regulation is disallowed, the Government will consider introducing a Bill to amend the Workplace Relations Act to exclude all employees (regardless of length of service) of small businesses which have fewer than 15 employees from the unfair dismissal provisions.

Monday 5 May 1997

Arrangements change for the Workplace Relations Act 1300 national information line: call 1300 363 471 to order an information package on the law, or for information on AWAs.

The Department of Industrial Relations' operator number is no longer available. Callers should ring their nearest DIR office or, for AWAs and freedom of association enquiries, the Office of the Employment Advocate on 1300 366 632.

Wednesday 30 April 1997

The regulation is made exempting businesses with 15 or fewer employees from the unfair dismissal provision in respect of new employees until they have been employed continuously for 12 months (No. 101 of 1997). The exclusion is to commence on 1 July 1997. It means that an employee first engaged after 1 July 1997 will be excluded from seeking a federal unfair dismissal remedy, until they have 12 months service, if there are 15 or fewer employees when the employer dismisses the employee, or gives notice.

Notes:

1. The exclusion is from federal unfair dismissal provisions, not unlawful termination provisions.
2. See entry for 24 March, on the Government's announcement that it intended to introduce such a regulation.

The regulation is to be tabled in the Senate, which can disallow the regulation in 15 sitting days.

Tuesday 1 April 1997

Following the referral of industrial relations powers by Victoria to the Commonwealth with effect from 1 January 1997, the Commonwealth assumed full responsibility for the delivery of awards and agreements enquiry and advisory and educative services. The Victorian Government closes its Wageline service.

The new number for information on awards agreements, workplace relations legislation, including minimum wages and conditions of employment is: 1300 363 264.

Wednesday 26 March 1997

From this date, employers can start filing AWAs for their existing employees, that is, 14 days from 12 March, the start of the AWA provisions of the Workplace Relations Act 1996 an existing employee must have been given a copy of an AWA by their employer, and had at least 14 days to consider an AWA before signing it.

Monday 24 March 1997

The Government announces its intention in the More Time for Business statement on small business, that businesses with 15 or fewer employees will be exempt from the unfair dismissal provision in respect of new employees until they have been employed continuously for 12 months. The exemption is to be made by regulation.

Monday 17 March 1997

From this date, employers can start filing AWAs for their new employees.

Thursday 13 March 1997

Other amendments to the WROLA Act relating to complementary State laws come into effect.

Wednesday 12 March 1997

Australian Workplace Agreements (AWAs) provisions of the Workplace Relations Act 1996 commence, together with Workplace Relations Regulations, which include regulations about AWA-making (Statutory Rules No. 48 of 1997 — available for sale from Government Information Shops).

Employers have 14 days to go before they can start filing AWAs for their existing employees, that is, on Wednesday 26 March 1997 an existing employee must be given a copy of an AWA by their employer, and have at least 14 days to consider an AWA before signing it.

Employers have five days to go before they can start filing AWAs for their new employees, that is, on Monday 17 March 1997 a new employee must be given a copy of an AWA by their employer, and have at least five days to consider an AWA before signing it.

For more information about AWAs visit the Employment Advocate Internet site.

Friday 17 January 1997

Secondary boycott provisions of the Workplace Relations Act came into operation. (schedule 17 in the WROLA Act)

Note: most of the boycott provisions are amendments to the Trade Practices Act 1974.

Thursday 2 January 1997

  • Workplace Relations Act 1300 national information line starts operating:
    • call 1300 363 471 to order an information booklet on the Act, called Key features of the new federal workplace relations law.
    • call 1300 363 472 to seek further information from staff of the Department of Industrial Relations.
  • Enquirers can use a national faxback service (operates on a fee- for service basis), if preferred, for federal awards summary information and fact sheets about the Workplace Relations Act (these will be added to progressively).

Tuesday 31 December 1996

  • Most of the new federal workplace relations law commences.
  • The following provisions of the Workplace Relations Act 1996 commence operation (the references in brackets are to schedules in the WROLA Act (No. 60, 1996) to assist those who are familiar with them):
    • the principal object (schedule 1)
    • panels of the Commission (schedule 2)
    • representation rights of organisations of employees (schedule 4)
    • termination of employment (schedule 6)
    • minimum wages, equal remuneration and leave to care for immediate family (schedule 7)
    • Certified agreements (schedules 8 and 11 (part))
    • repeal of and transitional arrangements for Enterprise flexibility agreements (EFAs) (schedule 9)
    • no-disadvantage test (schedule 12)
    • industrial action (schedule 13)
    • registered organisations (schedule 14)
    • freedom of association (schedule 15).
  • The provision changing the title of the former Industrial Relations Act 1998 to the Workplace Relations Act 1996 came into effect on 25 November 1996.
  • The provisions relating to awards (schedule 5) are to come into operation from 1 January 1997.
  • The provisions (schedule 3) creating the office of Employment Advocate (providing for a person to be appointed to that office and carry out its functions) came into effect on 5 December 1996.
    • the appointment of Mr Alan Rowe was announced on 12 December 1996 (see the entry for 12 December). Services from the office are intended to start in March 1997.
  • The provisions relating to the abolition of TUTA came in operation on 5 December 1996 (schedule 18).
  • It is intended that Australian workplace agreements (AWAs) (schedules 10 and 11 (part)) will be proclaimed to come into effect on 1 March 1997.
  • The proclamation date of the provisions which effect the transfer of jurisdiction from the Industrial Relations Court of Australia to the Federal Court of Australia is yet to be determined (schedule 16).
  • New regulations associated with the Workplace Relations Act came into operation:
  • Termination of employment ; Definition of 'old IR agreement', No 307 of 1996 (gazetted 18 December 1996)
  • Disamalgamation of unions, No.328 of 1996 (gazetted 24 December 1996)
  • Awards; Certified agreements; Organisations; Miscellaneous, No. 329 of 1996 (Part 2 to operate from 1 January 1997, with the remainder from 31 December 1996; gazetted 24 December 1996)
  • Matters referred by Victoria, 24 December 1996 (gazetted 24 December 1996)
  • Note: No 269 of 1996 came into operation from 5 December 1996— see entry for that date.

Special note about the regulations

  • Regulations associated with the Workplace Relations Act take effect from the date of gazettal in the Commonwealth of Australia Gazette. The regulations are available on the DIR Internet site.
  • The individual regulations are available for sale from Government Info Shops (AGPS). Enquirers should cite the number of the regulation when seeking to buy or enquiring about purchasing. All enquiries to purchase them should be directed to the Info shops in each state capital (in Sydney — one in the city and one at Parramatta) and Townsville.
  • About the commencement of various schedules of the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996
  • Schedule 1: Item 1 of Schedule 1, which relates to reference of Victorian matters, commenced when the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996 received Royal Assent — that is, 19 December 1996.
  • Item 2 of Schedule 1, which relates to termination of employment, has been proclaimed to commence on 31 December 1996.
  • Items 3, 4, and 5, which include, among other aspects, new Commonwealth provisions relating to the continuation of minimum terms and conditions of Victorian employees, have been proclaimed to commence on 1 January 1997.
  • Schedule 2: It is intended that the commencement of Schedule 2, which amends the Workplace Relations Act 1996 in relation to complementary State AWA legislation, coincide with the commencement of the AWA provisions (Schedule 10 ) of that Act — these are intended to commence on 1 March 1997.
  • Schedule 3: This amends the Workplace Relations and Other Legislation Amendment Act 1996, and is taken to have commenced immediately after that Act received Royal Assent — that is, after 25 November 1996.

Monday 30 December 1996

  • Australian Public Service (APS) agencies are advised about the application of section 187AA of the Workplace Relations Act relating to strike pay and the action to be taken when they are affected by Industrial action, including bans.

Monday 23 December 1996

  • Workplace Relations Act 1300 information line commences; officially to start on 2 January 1997.

Friday 20 December 1996

  • Federal Executive Council approves regulations relating to
    • certified agreements, registered organisations (other than withdrawal from amalgamation) and consequential matters
    • registered organisations — withdrawal from amalgamation
    • reference of Victorian matters.
  • The regulations are to apply from the date of gazettal in the Commonwealth of Australia Gazette; it is expected that their gazettal will take place before 31 December 1996, to coincide with the commencement of the relevant provisions of the Workplace Relations Act 1996. The regulations are to be available for sale from Government Info Shops (AGPS), once they have been gazetted and all enquiries to purchase them should be directed to AGPS.
  • They will be available on this site early in the new year.

Thursday 19 December 1996

  • The Workplace Relations and Other Legislation Amendment Act (No. 2) 1996 receives Royal Assent
    • its principal purpose is to receive referred industrial relations powers from the Victorian Government
    • it contains provisions which will enable the Australian Industrial Relations Commission to exercise powers in relation to AWAs under complementary State legislation

    • Schedule 8 to the Workplace Relations and Other Legislation Amendment Act 1996 (No. 60 of 1996) concerning certified agreements, will be able to commence before Schedule 10, concerning AWAs.

Wednesday 18 December 1996

  • Workplace Relations Regulations (Amendment), Statutory Rule 307 of 1996, gazetted — these relate to termination of employment (and include the new definition 'old IR agreement'). The regulations are to be available for sale from AGPS information centres, once they have been gazetted and all enquiries to purchase them should be directed to AGPS. The regulations are available on this site from 20 December 1996.

Friday 13 December

  • The Commonwealth's Workplace Relations and Other Legislation Amendment Bill (No.2) 1996 (as amended by Government and Democrats Amendments) passed by the Senate at 7.15 pm; the Bill was passed by the Senate at c. 1 am on 14 December 1996 (Senate Hansard will show as a continuation of 13 December 1996).

Thursday 12 December 1996

  • The Minister for Industrial Relations announces the appointment of Mr Alan Rowe as the Employment Advocate.
  • In his media release of 12 December (57/96) — on this site — the Minister outlined Mr Rowe's strong involvement in industrial relations, having been Principal Adviser to the Business Council of Australia's Industrial Relations Study Commission in 1987–89 (on secondment from the Commonwealth Treasury) and Deputy Director–General of the NSW Department of Industrial Relations, Employment Training and Further Education.
  • The Government expects that the Office of the Employment Advocate will be open for business in March 1997
  • The Commonwealth Powers (Industrial Relations) Act 1996 (Vic.) received Royal Assent.

Wednesday 11 December 1996

  • Workplace Relations Regulations (Amendments), dealing with termination of employment approved by the Governor–General; to be available for sale from AGPS information centres, once they have been gazetted (expected to be on 18 December ). They will be available on this site shortly after gazettal.
  • Industrial Relations Regulations (Amendment), Statutory Rules No.269, approved by the Governor–General on 4 December 1996 and gazetted 11 December. The regulations relate to aspects of the operations of the Employment Advocate (they are available for sale from Government Info Shops (AGPS), and will be available on this site shortly)

Thursday 5 December 1996

  • Regulation relating to the altered title of the Act and Regulations and the Employment Advocate and authorised officers (No.269 of 1996) commences.* (new entry added 13 January 1997).
  • The Workplace Relations and Other Legislation Amendment Bill (No.2) 1996 is introduced into the Senate, with its principal purpose being to receive the referred powers from the Victorian Government

    — the Senate refers the Bill to the Economics Legislation Committee for consideration and report by 11 December 1996, with the Committee to hold public hearings during the sitting of the Senate on 9 and 10 December for the purposes of its enquiry.

  • The Victorian Parliament passes legislation referring certain powers relating to industrial disputes, agreements, termination of employment and freedom of association, and dealing with associated matters. The Commonwealth Parliament is expected to consider the receiving legislation in the week 9–13 December 1996, and the Government has asked the Parliament for urgent passage, given that administrative arrangements have been programmed for the simultaneous commencement of the referral and the substantive provisions of the Workplace Relations Act 1996 on January 1997.
  • The provisions which create the office of Employment Advocate came into effect— they provide for a person to be appointed to that office and carry out its functions. It is expected that an appointment will be made before the end of 1996. Services from the office are intended to start in March 1997.
  • The provisions relating to the abolition of TUTA came in operation.

Monday 25 November 1996

  • The Workplace Relations and Other Legislation Amendment Bill 1996 is given Royal Assent and becomes the Workplace Relations and Other Legislation Amendment Act 1996.
  • As a result, the name of what was the Industrial Relations Act 1988 has also been changed; it is now the Workplace Relations Act 1996. This is because the provisions of the WROLA Act which effected the name change commenced automatically on Royal Assent.
  • Proclamation of other provisions — Schedule 5 (awards) is to commence on 1 January 1997. Other provisions of the WROLA Act will commence on dates to be proclaimed.

Thursday 21 November 1996

  • The WROLA Bill read a third and last time in the House of Representatives, and passed. The next step is for the Bill to receive Royal Asscent.

Tuesday 19 November 1996

  • Committee consideration completed in the Senate. The WROLA Bill read a third and last time in the Senate and is to be returned to the House of Representatives for consideration.
  • In moving that the bill be read a third time, Senator Campbell, Parliamentary Secretary to the Treasurer) was given leave to incorporate in Hansard a very short handwritten speech, which read as follows--

I would like to thank all honourable senators who have contributed to this debate, a debate that at this hour has, I am informed bythe Clerk, become the second longest debate in the history of this parliament just a couple of hours short of the debate on the Native Title Bill.

I would also like to thank a number of people who did not take part in the committee stage debate on this bill.

Specifically I thank Senators Chapman, Ferguson and Crane who have dedicated so much time and hard work to this historic legislation. I know they would have wished to have contributed to this debate but it is a testament to their commitment to seeing this legislation passed that they did not speak in these stages.

I would also record my thanks for the staff of the Minister for Industrial Relations and the officers of the Department who have assisted and advised me so professionally over the past 33 hours.

I finally record my congratulations to the Minister for Industrial Relations, the Hon. Peter Reith MP for his achievement of one of the outstanding legislative landmarks in the history of Australia, and to the Prime Minister of Australia the Hon. John Howard MP for championing this cause for a generation.

Monday 18 November 1996

  • Detailed committee consideration resumes, with consideration ceasing at schedule 15.

Monday 11 – Friday 15 November 1996

  • Parliament in recess.

Monday 11 November 1996

  • The Victorian and Commonwealth governments announce their in-principle agreement to transfer the Victorian industrial relations jurisdiction to the Commonwealth.

Thursday 7 November 1996

  • In debating schedule 5, the committee completes consideration up to and including the Government - Democrats Amendment No. 22 (relating to section 111AAA).
  • Debate in committee continues on schedule 5, Awards.

Wednesday 6 November 1996

  • Debate in committee continues on schedule 5, Awards.

Tuesday 5 November 1996

  • Debate in committee continues on schedule 5, Awards.

Monday 4 November 1996

  • Schedule 3, The Employment Advocate, passes through the committee stage. Debate in committee starts on schedule 5, Awards. Decision taken to defer consideration of schedule 4, Representation rights of organisations of employees, in conjunction with schedule 15, Registered organisations.

Friday 1 November 1996

  • During this week the detailed committee consideration of the WROLA Bill commences. (see entries for 28 October - 31 October below). At the end of the first week of consideration, schedules 1 and 2, were passed by the Senate, were passed by the Senate, and the Government's amendments to schedule 3 had also been passed.

Thursday 31 October 1996

  • 'Objects' item (schedule 1) passed by the Senate. 'Panels of the Commission' (schedule 2) passed by the Senate. Debate commences on 'The Employment Advocate' (schedule 3).

Wednesday 30 October 1996

  • Committee consideration of schedule 1, 'Objects' continues.

Monday 28 & Tuesday 29 October 1996

  • Questions asked of the Government in House of Representatives' question time on various aspects of the agreement between the Government and the Australian Democrats, including:
    • the effects on small business, young people and women;
    • the relationship between the agreement and Better Pay for Better Work;
    • the take home pay guarantee;
    • unfair dismissal;
    • impact on trade; and
    • secondary boycott provisions.

(See Hansard, House of Representatives)

Monday 28 October 1996

  • The Workplace Relations and Other Legislation Amendment Bill 1996 is scheduled to go to the commitee stage in the Senate, for consideration in detail.

Sunday 27 October 1996

  • The Minister for Industrial Relations, Peter Reith, and the Parliamentary Leader of the Australian Democrats, Senator Cheryl Kernot release an Agreement between the Government and the Australian Democrats on the Workplace Relations Bill. The Agreement incorporates an Agreed statement of position, the Amendments to be moved on behalf of the Government and the Australian Democrats in the Senate when the Bill is considered at the commitee stage and the Explanatory Memorandum associated with those amendments.

Wednesday 16 October 1996

  • The second reading debate on the Workplace Relations and Other Legislation Amendment Bill 1996 finishes in the Senate, after debate over three days during the week.

Friday 11 October 1996

  • Second Reading debate on the Workplace Relations and Other Legislation Amendment Bill 1996 is to continue in the Senate.

Thursday 10 October 1996

  • Second Reading debate on the Workplace Relations and Other Legislation Amendment Bill 1996 is to continue in the Senate.

Wednesday 9 October 1996

  • Second Reading debate on the Workplace Relations and Other Legislation Amendment Bill 1996 is to continue in the Senate.

Tuesday 8 October 1996

  • Second Reading debate on the Workplace Relations and Other Legislation Amendment Bill 1996 is to continue in the Senate.

Wednesday 11 September 1996

  • Second Reading in the Senate of the Workplace Relations and Other Legislation Amendment Bill 1996.
    See Senate Hansard of 11 September 1996.

    In making the Second Reading Speech on behalf of the Minister for Industrial Relations, Senator Kemp, the Parliamentary Secretary to the Minister for Social Security emphasised two points in placing the bill before the Senate.

    • "...Firstly, Australia needs to become more productive. Our living standards, international competitiveness and ability to provide employment depend on it. This bill is intended to help that productivity be delivered.
    • Secondly, we have a mandate for the reforms embodied in this bill. Since the election, we have been concerned to ensure that our policy would be implemented in the most effective way possible. Accordingly, we have consulted widely...we have been open to the views put by all [the groups consulted] and have benefited considerably from their suggestions..."

Thursday 22 August 1996

  • Senate Economics References Committee (SERC) Report on Consideration of the Workplace Relations and Other Legislation Amendment Bill 1996 was tabled in the Senate. The report is accessible from the Senate Committee website.

Thursday 1 August 1996

  • Senate Economics References Committee hearing, Canberra

Wednesday 31 July 1996

  • Senate Economics References Committee hearing, Canberra

Tuesday 30 July 1996

  • Senate Economics References Committee hearing, Adelaide

Monday 29 July 1996

  • Senate Economics References Committee hearing, Adelaide

Thursday 25 July 1996

  • Senate Economics References Committee hearing, Perth

Wednesday 24 July 1996

  • Senate Economics References Committee hearing, Karratha

Tuesday 23 July 1996

  • Senate Economics References Committee hearing, Darwin

Friday 19 July 1996

  • Senate Economics References Committee hearing, Cairns

Thursday 18 July 1996

  • Senate Economics References Committee hearing, Townsville

Wednesday 17 July 1996

  • Senate Economics References Committee hearing, Brisbane

Tuesday 16 July 1996

  • Senate Economics References Committee hearing, Sydney

Monday 15 July 1996

  • Senate Economics References Committee hearing, Sydney

Thursday 11 July 1996

  • Senate Economics References Committee hearing, — tentative — Hunter Region

Wednesday 10 July 1996

  • Senate Economics References Committee hearing, — tentative — Bendigo

Tuesday 9 July 1996

  • Senate Economics References Committee hearing, Launceston

Monday 8 July 1996

  • Senate Economics References Committee hearing, Hobart

Friday 5 July 1996

  • Senate Economics References Committee hearing, Melbourne

Thursday 4 July 1996

  • Senate Economics References Committee hearing, Melbourne

Thursday 27 June 1996

  • The Bill was read for the first time in the Senate.
  • The Workplace Relations and Other Legislation Amendment Bill 1996 was referred to the Economics References Committee for consideration and report by 22 August, in accordance with the Order of the Senate agreed on 23 May 1996. See Daily Hansard for the Senate page 2442.
  • Special Note: The Senate Economics References Committee will conduct hearings nationally during July 1996. Entries will be made on this page advising on the date and location of each of the Committee's hearings. For detailed information about the Committee's hearings, inquiries should be directed to the Committee Secretariat.

Wednesday 26 June 1996

Tuesday 25 June 1996

  • Debate resumes on the Bill in the House of Representatives. See Daily Hansard for the House of Representatives on 25 June — pages 2714 - 2717

Thursday 20 June 1996

  • Debate in the House. (Daily Hansard for the House of Representatives on 19 June — pages 2427-1429, pages 2432-1433, pages 2451-1465)

Wednesday 19 June 1996

  • Debate resumes in the House of Representatives on the Bill. (For the debate, see the Daily Hansard for the House of Representatives on 19 June — pages 2288-1321)

Tuesday 18 June 1996

  • Debate resumes in the House of Representatives on the Workplace Relations and Other Legislation Amendment Bill 1996. Debate adjourned. (For the debate, see the Daily Hansard for the House of Representatives on 18 June — pages 2144-1149)

Thursday 30 May 1996

  • Debate begins in the House of Representatives on the Bill (at 11 am)
  • The debate was adjourned on the same day. (For the debate, see the Daily Hansard for the House of Representatives on 30 May — pages 1829-1854)
  • Parliament will resume on Monday 17 June.
  • Keep watching this space for further information on the resumption of the debate.

Thursday 23 May 1996

  • The Workplace Relations and Other Legislation Bill 1996 is introduced into the Commonwealth Parliament.
  • Second Reading Speech is delivered by the Minister for Industrial Relations, the Hon Peter Reith MP.
  • The Senate decides to refer the Bill to the Economics References Committee of the Senate for inquiry and report by 22 August 1996. This will be contingent on the Bill being read for the first time in the Senate. (For debate in the Senate about referral to the Committee see the Daily Hansard for the Senate on 23 May — pages 1007-1021, 1040-1045 — on http://www.aph.gov.au/hansard/senate/commttee/comsen.htm)