What was the WorkChoices legislation?

WorkChoices required that employers provide employees with five minimum entitlements, which covered maximum ordinary working hours, annual leave, parental leave, personal/carer’s leave and minimum pay scales. These five minimum entitlements were referred to as the Australian Fair Pay and Conditions Standard.

What did WorkChoices do?

The primary aim of WorkChoices was to individualise employment relations and, as a consequence, to marginalise both trade unions and industrial tribunals. To make it more difficult for unions to enter workplaces or organise industrial action; and. To reduce the exposure of employers to unfair dismissal claims.

When was WorkChoices introduced?

Released February 2006. The Workplace Relations Amendment (Work Choices) Bill 2005 (“WorkChoices Bill”) has been introduced into the Federal Parliament and gives effect to the Government’s policy document (“WorkChoices”), which was released in early October 2005.

Is the Workplace Relations Act 1996 still current?

The Act was repealed on 1 July 2009 by the Fair Work Act 2009 passed by the Rudd Labor Government, and superseded by the Fair Work (Registered Organisations) Act 2009.

What is the no disadvantage test?

New no-disadvantage test will apply to agreements reduction of the terms and conditions of the employee’, or employees, bound by the agreement. of protected award conditions.

Why did the majority reject the distinctive character test in the Work Choices decision?

The distinctive character test did not enjoy a majority in any decision. For example, the Justices who constituted the majority in Dingjan concluded that the relevant provision was not a law “with respect to” constitutional corporations.

What is the better off overall test?

An enterprise agreement passes the better off overall test (BOOT) if the Fair Work Commission is satisfied, at the test time, that each award covered employee, and each prospective award covered employee, would be better off overall if the agreement applied to the employee than if the relevant modern award applied to …

When did the Fair Work Act come into effect?

1 July 2009
The Fair Work system was created by the Fair Work Act 2009 and started on 1 July 2009.

What is the originalist approach to constitutional interpretation?

Originalism is a theory of the interpretation of legal texts, including the text of the Constitution. Originalists believe that the constitutional text ought to be given the original public meaning that it would have had at the time that it became law.

What are the three categories of actors or activities to which the corporations power extends to?

Section 51(xx) extends to: (a) The regulation of the activities, functions, relationships and business of a constitutional corporation (b) The creation of rights and privileges belonging to it (c) The imposition of obligations on it, and with respect to those matters (d) In respect of (a), (b) and (c), the regulation …

What was part 1 of the Work Choices Act 2005?

Part 1—Regulations for transitional etc. provisions and consequential amendments 747 An Act to amend the law relating to workplace relations, and for related purposes This Act may be cited as the Workplace Relations Amendment (Work Choices) Act 2005.

What was the impact of WorkChoices in NSW?

The Committee calls for the repeal of theWorkplace Relations Amendment (WorkChoices) Act 2005. Failing that, the Committee calls on the NSW Government to continue the proud tradition of this State’s fair industrial relations system by taking action where it can to ameliorate the effects of WorkChoices on the people of NSW.

What was the proper characterisation of WorkChoices?

In dissenting, Kirby J concluded that the proper characterisation of WorkChoices was a law with respect to the subject matter of s51 (xxxv) and, as such, was invalid. He also expressed a view that WorkChoices failed to preserve industrial fairness or respected federalism.

How did WorkChoices change the Workplace Relations Act?

WorkChoices made a number of significant changes to the Workplace Relations Act 1996, including: formation of a single national industrial relations system in relation to incorporated corporations, to replace the separate State and federal systems.