From the 1 July 2024, the FWC have a new ground on which they can issue an exemption certificate.

An exemption certificate allows a permit holder to enter a workplace or business premises without prior notice if they are investigating a suspected contravention. The FWC can now issue an exemption certificate if:

• the suspected contravention involves the underpayment of wages to a member of the union who works on the premises, and
• they reasonably believe that advance notice of the entry would hinder an effective investigation.

Find out more

Read the Right of entry changes: Exemption certificates relating to suspected underpayments (pdf).

Visit the Fair Work Ombudsman’s website to learn more about right of entry  and the rights and responsibilities of permit holders, employers and other persons on the premises.

Visit the FWC website to learn more about powers to issue entry permits and how they can help to resolve a dispute about right of entry.

Find out about other upcoming changes on Closing Loopholes Acts – what’s changing page.

Can you share with us the story of how you initially became involved in the field of Industrial Relations? What experiences or events led you to pursue a career in this area?

I commenced an Arts/Law degree at Sydney Uni, thinking I would major in English and History. I left my first English lecture in week one knowing immediately it wasn't for me and found myself in the furthest campus building from that lecture hall. It was the Industrial Relations building. I tried to enrol and was told it was fully subscribed. I recall telling the IR admin person that I would be an asset to the department and would end up top of class, so they should let me in! They relented and that was the start of my love affair with IR. Four years later, I completed my (Arts) Honours year majoring in Industrial Relations (and was awarded the Qantas prize as top student)! I joined the Clayton Utz Employment Law team as a paralegal that year and other than one six month rotation as a grad, I have practiced industrial relations / employment law ever since. I couldn’t imagine doing anything else.

Reflecting on your career journey thus far, could you highlight what you consider to be your most significant achievement within the realm of Industrial Relations? How did this accomplishment impact your professional trajectory or contribute to your personal growth?

At the end of 2019, three colleagues and I founded Kingston Reid. At that time, we had a vision to be bold and think big in how we deliver legal services to clients. We had a brilliant national team and together we created a firm that focuses exclusively on employment, industrial and safety law. We set out to be the largest national specialist workplace firm and today, Kingston Reid is recognised as a Tier 1 specialist. The accomplishment is only in a very small part, mine - it is overwhelmingly the accomplishment of our dedicated and amazing team who think big, stay curious and walk in our client’s shoes - and it's something I am immensely proud of. Personally, it has led to huge growth in developing skills to run a business. It has helped me think strategically and be a better people leader.

In your opinion, what do you perceive as the most prominent emerging issue within the field of Industrial Relations today? How do you foresee this issue shaping the landscape of IR in the future, and what steps do you believe are necessary to address it effectively?

It's trite to say, but I think the impact of digital transformation and automation on the nature and quality of work is a huge issue. As technology advances and disrupts various industries and occupations, workers face the challenges of adapting to new skills requirements, coping with job insecurity and displacement, and negotiating fair wages and conditions in an increasingly competitive and flexible labour market. Employers face increased competition and have to be more agile than ever. We see this with digital platforms and gig work which is being disrupted now. This issue will definitely impact the landscape of IR in the future, as it will require innovative and collaborative solutions from all stakeholders, including those our State and Territory Society’s represent.

If you could offer a piece of advice to your younger self when embarking on your first job in Industrial Relations, what would it be? Based on your experiences and insights gained over the years, what guidance would you provide to someone just starting out in this field?

Ha! I wouldn't dare provide advice to my younger self - it wouldn't be appreciated! My insights aren't prolific (clichéd, yes!) - jump in the deep end and work hard (it's easy to stand out if you show initiative and get things done!) .

Is there a particular individual within the realm of Industrial Relations or a related field whom you admire most? What qualities or accomplishments of this person inspire you, and in what ways have they influenced your approach to your own professional endeavours?

Loads of people inspire me and I admire too many to name! Most of them are fabulous femmes who have huge drive and are passionate about what they do. Some of these women are leaders in business, others in law and a number in academia.

As we aim to get to know you better beyond your professional achievements, could you share a random fun fact about yourself? Whether it's a unique hobby, an interesting travel experience, or an unexpected talent, we'd love to hear something that offers insight into the person behind the professional persona.

I am a Group Fitness Instructor (GFI) in my spare time. I teach a number of Les Mills group fitness classes and can be found in spin rooms around the Sydney CBD on weekday mornings.

How did you get into workplace relations?

I was sick of everyone whinging in the tearoom about their workplace concerns so I became active in raising issues and importantly putting forward solutions and working with management to ensure change. For me, it has always been about the basic values and fairness and that continues to be my motivation.

What advice would you give your younger self?

Take risks and when faced with “sliding door moments”, always choose the door which is the uncomfortable way forward to open up new challenges and experiences. Always keep learning.

What do you feel has been the biggest achievement in your career to date?

Appointment to the role as Deputy President of the Tasmanian Industrial Commission and utilising my depth of experience gained through 17 years as the State Secretary of the Australian Nursing Midwifery Federation.

What is the biggest emerging issue in workplace relations?

Workplace relations is now more complex and technical and becoming out of touch for many. Despite the changing industrial frameworks, employees and managers still need to work in a shared interest-based approach in a collaborative working environment. Unfortunately, many managers who have been promoted due to their advanced skill set, may not have the important skills of industrial relations, which ultimately is about people, communication, mutual respect and the employment relationship.

Who is the person you most admire?

I’ve been lucky to have many mentors during my career and have admired them all and they have been instrumental in my work- life balance. I have sought out support when I felt I needed to be able to share ideas and strategy and have had union, management, board chairs, lawyers and academics to work with and I am always grateful for their advice.

Tell us a random fun fact about you?

I am addicted to masters rowing and have just competed at Nationals. You have to be abnormal to want to train at 6 am in the cold and dark four days a week and also turn up regularly to the gym.

Chaired by Prof Rae Cooper, AO (University of Sydney and President Elect ILERA) together with the following renowned expert speakers.

Prof Mia Rönnmar (Lund University)

A/Prof Chris F Wright (University of Sydney) and Prof Colm McLaughlin (University College Dublin)

Prof Clare Kelliher (Cranfield University)

Janine Berg (ILO)

The seminar includes reflections from leaders of ILERA and its Study Groups as well as from a senior ILO representative. Participants discussed their recent research on ‘work and labour market change in and after the pandemic’.

View the presentation slides here or watch the seminar here.

The FWC have published a plain language fact sheet on some recent changes to the general protections under the Fair Work Act 2009.

General protections changes: workplace delegates’ rights

There are new protections for workplace delegates when they are carrying out that role.

A workplace delegate is a person appointed or elected by a union to be a delegate or representative for union members working in a particular enterprise. They have the right to represent the industrial interests of members and potential members.

These laws cover most employees and businesses in Australia.

Download: Changes to general protections: Workplace delegates’ rights (pdf)

Find out more

Visit the FWC website to learn more about the general protections including who the general protections laws cover.

Find out about other upcoming changes on our Closing Loopholes Acts – what’s changing webpage.

The Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 received Royal Assent on 26 February 2024.  
 
A number of provisions relating to the functions of the Commission have commenced. These affect bargaining and agreement making, and registered organisations amalgamation withdrawal. Other measures commence at later dates.
 
The FWC President has published a Statement setting out how it intends to implement the measures impacting the work of the Commission.
 
A list of the measures and their commencement dates is on the FWC website.   
 
To find out more click here

Women and Work in Asia and the Pacific

Experiences, challenges and ways forward

EDITED BY JANE PARKER, MARIAN BAIRD, NOELLE DONNELLY AND RAE COOPER

Gender equity at work and beyond

Working women everywhere face discrimination. Inequality and lack of inclusion is reinforced through regulation, policy, behaviours and attitudes. Although there has been progress in some countries, gender equality at work has yet to be achieved by any nation.

This in-depth study examines the challenges faced by working women, their families and communities in ten countries throughout Asia and the Pacific: Aotearoa New Zealand, Australia, Japan, China, Cambodia, India, Sri Lanka, Fiji, Pakistan and the Philippines. Informed by the work of senior academics, policy-makers and community group representatives, and with a foreword by Elizabeth Broderick AO, independent expert, for the Working Group on Discrimination Against Women and Girls, United Nations Human Rights Council, working women’s experiences are described and analysed within a framework of four themes: demography, globalisation, technological development and sustainability.

Drawing on this wide range of qualitative and quantitative evidence, the authors set out recommendations for co-ordinated and context-sensitive responses specific to each country to improve the working lives of women and girls.

Click here to find out how you can read more.

An article published by  Satoshi Araki; Sandrine Cazes; Andrea Garnero and Andrea Salvatori was advertised via the ILERA newsletter and available on  the OECD Library.

Abstract

The recovery from the COVID-19 pandemic lost momentum in 2022, with employment and unemployment stabilising. Labour markets remain tight, despite signs of easing. In this context, the quality of jobs on offer has improved in some dimensions, but real wages are falling significantly in almost all OECD countries despite a pick-up in nominal wage growth. In most countries, profits have grown robustly, often more than nominal wages. Nominal minimum wages are keeping pace with inflation, but any real gains may fade rapidly if inflation remains high. In contrast, wages negotiated in collective agreements between employers or employers’ organisations and trade unions are reacting with some delay even in countries where the majority of workers are covered by a collective agreement, although a catch-up phase is expected in the coming quarters.

Please click here to read the article in full.

In a move towards progress and inclusivity, ALERA proudly announces the implementation of its updated Association rules. The transformation marks a pivotal moment in the Association’s history, ushering in a modernised, professional, and highly responsive framework that sets the stage for a reinvigorated Industrial Relations Peak Body.

To meet the rapidly evolving needs of its members, this change empowers the ALERA Executive to navigate challenges with confidence, agility and innovation. The Association actively seeks to broaden its community, fostering an environment that encourages diversity and collaboration.

Members are encouraged to visit the ALERA website    the updated rules.

The Fair Work Commission is the national workplace relations tribunal. They help resolve workplace disputes and set minimum pay and conditions.

New ‘Learning, tools and resources’ subscriber service

They have launched a new, free email subscription service called ‘Learning, tools and resources’.

Subscribers to the new service will receive occasional emails containing practical, plain language information about employment matters we deal with at the Commission.

• Subscribe to Fair Work Commission — Learning, tools and resources email updates

They will send you information on a range of topics including:

• bullying and sexual harassment at work
• unfair dismissal
• discrimination (general protections)
• workplace disputes including about flexible work and parental leave.

As a tribunal, the Commission is unable to provide legal advice. They encourage you to make use of their free materials to support your work.

Do you know about ‘zombie agreements’?

They have new resources to help people find out if they may be affected by the sunsetting of ‘zombie agreements’ on 7 December 2023.

If a ‘zombie agreement’ sunsets, the legal minimum pay and conditions for employees that were covered by that agreement they are very likely to change.

• Interactive tool: Sunsetting of ‘zombie agreements’
• Fact sheet: Sunsetting of ‘zombie agreements’ (PDF)

What is a zombie agreement? — On 7 December 2023, certain agreements made before 2010 that are still in operation (‘zombie agreements’) will automatically terminate (‘sunset’) unless an application is made to the Fair Work Commission before 7 December 2023 to extend their operation.