Collective Bargaining
Under Workchoices, an employer is able to refuse to collectively bargain for an agreement, even if the overwhelming majority of employees would prefer collective bargaining. There is no obligation on either party for bargaining in good faith. This
has been an enormous source of frustration for the unions. This effectively places employers in the position to choose what agreement operates in their workplaces.
Also under Workchoices, pattern bargaining and compulsory bargaining agents’ fees are prohibited.
The other agreement types which are available under Workchoices include employer greenfields agreements and union greenfields agreements. Agreements can have terms which last up to five years.
Prohibited Content
There are a number of provisions under the Workchoices legislation which deal with prohibited content.
These include provisions that:
– prohibit AWA’s
– restrict the use of independent contractors or labour hire arrangements
– allow for industrial action during the term of the agreement;
– provide for trade union training leave
– bargaining fees to unions or paid union meetings
– provide that any future agreement must be a union collective agreement
– mandate union involvement in dispute resolution, and
– provide for unfair dismissal.
These provisions have proved both controversial and a source of frustration for both employers and unions.