Few would argue that the big news in Employment and Industrial Relations for 2008 is the Federal Government's impending changes to Workchoices.

While the ALP proposals may seem modest in comparison with the changes that were brought through for WorkChoices itself, there is definitely no indication that they have any intention of returning to separate federal and state systems that prevailed prior to WorkChoices.
In fact, reading what they have released so far you could be mistaken for asking exactly how the Government's Industrial Relations Policy is actually dealing with Workchoices.  Is it 'junking' the entire system as most workers believed was going to happen or simply 'massaging' it into 'fairer' shape?

For all intensive purposes, Labor appears to fully intend to build on the "breakthrough" to a National industrial relations system established by the WorkChoices system by implementing a clear and simple structure.

The ALP's will establish "Fair Work Australia" which might turn out to be, in substance, a "rebadged" Australian Industrial Relations Commission. The multiplicity of the functions does give rise to questions but there can be no doubt that the new Agency will have some of the important functions of the AIRC invested in it - such as award making and the setting of minimum wages, and dealing with unfair dismissal claims.

The ALP's policy on unfair dismissal will mean an increase in the availability of claims, while imposing limitations, including preclusion periods. Obviously they realises that the unfair dismissal regimes that prevailed prior to WorkChoices was resented by employers, large and small.

Generally speaking, the ALP Policy seeks to pinpoint the major problem areas in WorkChoices and changes them, while embracing some of the central elements of it.

Labor's policy to allow common law contracts of a certain monetary value to override award conditions, coupled with the relatively generous transitional arrangements for existing AWAs, means there may not be a reduction in individual agreements, particularly where the employees have bargaining power.

Interestingly, the ALP will retain WorkChoices' limitations on union activity - including the prohibition on pattern bargaining, the limitations on union right of entry to premises and the retention of the ABCC (at least for three years).

Although things may not move as quickly as a lot of people would want, it is set to be an interesting year . . .

If you want to hear more from Carroll & O'Dea's Senior Partner Peter Punch and the specialist E&IR team, please call Monique Dideo on (02) 9291 7100 and ask about our February Breakfast seminars.