Following the defeat of the Howard Coalition government in last year's election, employees can expect to see a number of changes in a post WorkChoices environment. While there has been a change of government the Coalition still retains control of the Senate and the new government may need to compromise

The existing unfair dismissal regulations are to be removed and replaced by universal unfair dismissal protec-tion for all employees subject to the following minimum qualifying period: six months, where an employer has 15 or more employees; and 12 months, where an employer has fewer than 15 employees.

The new regulations will emphasise the importance of reinstatement and re-employment, rather than a financial settlement.

Collective bargaining will be reinstated under Labor and Australian Workplace Agreements will no longer be available, if the majority of employees in a workplace choose to have union representation in collective bargaining negotiations, employers will be required to bargain with the union in good faith.

Non-union or employee collective agreements will still be available but will need to meet the same tests and arrangements that apply to union collective agreements.

Labor intends to introduce a new national safety net of employment conditions which will be in two parts:

1. Ten legislative minimum employment standards and awards including: hours of work; parental leave; flexible work for parents; annual leave; personal caters and compassionate leave; community service leave; public holidays; information in the workplace; termination of employment and redundancy; and long service leave. Agreements will not be able to undermine the 10 legislative standards.

2. In addition to the 10 legislative standards, all awards will provide for a minimum of 10 additional matters.

A new tribunal, to be called 'Fair Work Australia', will replace the Australian Industrial Relations Commission, the Australian Fair Pay Commission, the Workplace Authority, the Workplace Ombudsman and the Australian Building Construction Commission.

Fair Work Australia's responsibility will include: assisting parties to resolve industrial disputes; resolving unfair dismissals; facilitating collective bargaining by enforcing good faith bargaining; approving collective agreements; and adjusting award wages and working conditions.

It is expected that a new national industrial relations system including some or all of current state industrial relations systems will replace WorkChoices. State systems may maintain responsibility for state public sector employees.

Australian workplace agreements and unfair dismissal legislation will be dealt with in early 2008, with the remaining new laws taking effect from January 2010. During this period, the ANF will continue to campaign for the new laws to advance the interests of nurses and nursing.

BY NICK BLAKE SENIOR FEDERAL INDUSTRIAL OFFICER