Workplace Relations Amendment (A Stronger Safety Net) Act 2007
The Workplace Relations Amendment (A Stronger Safety Net) Bill 2007 was introduced into the House of Representatives on 28 May 2007. The bill passed the Parliament on 20 June 2007. Amendments to the Bill were made in the House of Representatives and the Senate.
The key changes made by the Bill are to:
• establish the Workplace Ombudsman and the Workplace Authority Director as statutory office holders appointed by the Governor-General, and create the Office of the Workplace Ombudsman and the Workplace Authority as statutory agencies;
• establish the new Fairness Test, which will ensure that certain workplace agreements provide fair compensation in exchange for protected award conditions that are traded away;
• establish a compliance framework to ensure the effective operation of the fairness test; and
• require employers to provide a fact sheet to employees which has been prepared by the Workplace Authority Director about employee entitlements under the Act and the role of the Workplace Authority Director and the Workplace Ombudsman.
The Government also accepted an amendment moved by Senator Steve Fielding to extend from 12 months to 24 months, the preservation of agreement based redundancy entitlements - such entitlements are preserved where an agreement is unilaterally terminated by an employer, or by the Australian Industrial Relations Commission on application by the employer.
The Workplace Relations Amendment (A Stronger Safety Net) Act 2007 (the Act) received Royal Assent on 28 June 2007. Some parts of the Act commenced on Royal Assent, these included amendments relating to bargaining agent fees and extending preserved redundancy protections from 12 months to 24 months.
The Deputy for the Governor-General, Professor Marie Bashir proclaimed 1 July as the commencement date for the key elements of the Workplace Relations Amendment (A Stronger Safety Net) Act 2007. The Act amended the Workplace Relations Act 1996 to establish a fairness test for workplace agreements, and two new statutory agencies being the Workplace Authority and the Workplace Ombudsman.