RECOMMENDATIONS Recommendation 1 AMMA strongly recommends the Morrison Government pursue an assertive campaign of meaningful industrial relations reform, strategically targeting areas of poor alignment to modern-day Australian workplaces and setting the nation up for growth and prosperity in the future. Recommendation 2 Australia’s future workplace regulation must: • •
provide multiple agreement making options to cater for increased choice and flexibility demanded by future employers and employees; and include a new form of individual statutory agreements entered into by an employer and employee, with similar characteristics, approval processes and enforceability as a collective agreement, including no industrial action during the life of the agreement.
Recommendation 3 To significantly improve the ability for enterprise agreement making to facilitate cooperative and productive outcomes, AMMA recommends: • • •
Limiting content of agreements to matters that pertain to the employer-employee relationship; Reinstating the prohibited content provisions of the Workplace Relations Act 1996; and Tightening bargaining rules to ensure industrial action is not taken over prohibited content.
Recommendation 4 To address the impact of threatened and actual protected industrial action on cooperative and productive workplaces, AMMA specifically recommends the following reforms: • • • •
Limit industrial action to claims pertaining to the direct employer-employee relationship; Implement controls regarding threats of industrial action that are later withdrawn; Introduce a requirement for parties to be genuinely trying to reach an agreement linked to good faith bargaining; and Limit the ability to take industrial action to only those below a high-income threshold.
Recommendation 5 To address the impact third party interference has on cooperative and productive workplaces, AMMA specifically recommends the following reforms: • •
Expand agreement making options to include, collective, individual, union and non-union statutory agreement making options; and Limit the ability for unions to apply as an “aggrieved person” to inform the FWC on the approval process of already approved enterprise agreements.
Recommendation 6 To address the impact of unfair dismissal provisions on cooperative and productive workplaces, AMMA recommends the following reforms: • • •
Exempt terminations for serious offences and misconduct from contesting dismissal; Provide that where a valid reason for termination exists, the dismissal should stand; and Ensure unfair dismissal applications are determined only on the merits of the case and not influenced by employee circumstances.
AMMA Submission to A-G Discussion Paper “Cooperative Workplaces”
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