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ARTICLE · 02 APRIL 2006

Bargaining on the Future: Limitations for Industrial Action Under WorkChoices

The federal Government's workplace relations reform legislation, which passed through Parliament in December 2005, is likely to commence in March 2006. Under the new legislation, the role of unions in engaging in protected industrial action is set to diminish.

AustraliaGovernment, Public Sector

Key Point

  • It is likely that AWAs will increasingly become the predominant mechanism for employment of public sector employees.

The federal Government's workplace relations reform legislation, which passed through Parliament in December 2005, is likely to commence in March 2006. Under the new legislation, the role of unions in engaging in protected industrial action is set to diminish.

This article will focus on the restrictions imposed on parties to engage in industrial action under the new legislation, in particular, the limitations imposed during the bargaining and negotiating of agreements.

Coverage

The Workplace Relations Amendment (WorkChoices) Act 2005 ("WorkChoices") amends the Workplace Relations Act 1996 ("the Act") and creates a unitary industrial relations system.

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