FCW Lawyers

ACCORD-2 and Early Fault Lines


ACCORD-2 and Early Fault Lines

2 June 2020

In an earlier Daily Brief, we suggested two things will change after the new IR Dance put on by the Federal Government:

  1. The rejection of the BOOT test, now so technically shackled by the Coles Decision and replacement with the Keating era ‘No Disadvantage Test’ and
  2. The legislative intervention on the Workpac cases, around what is a casual, what (and when) a casual accrues entitlements and stopping double-dipping. With a little bit of luck they may get to Mondelez and the crazy outcome for personal leave under the Federal Federal Court Decision and not wait for the High Court. Discussion of Award simplification remains in the game but increasingly we are seeing the more extreme political factions that stymie change lining up. Disappointing but expected.

What can’t be ignored, and is comprehensively dealt with by David Martin-Guzman in the AFR today (Wage growth at risk in broken bargaining system), is the paltry numbers of agreements now in place in the private sector (down a half from 2013) and the disproportionate wage gains through the EA system with no business offset.

This is a once-in-a-lifetime chance to make real and important IR reform happen that benefits everyone. Let’s hope the dark, ideology driven extremes of the right and the left can be shut down and allow consensus to bring lasting IR reform now to protect our economic, business and employees’ future.

Have a question or need advice?

Our team is available to clarify any questions you have and provide the right advice for your business and workforce. Please contact Andrew Douglas at andrew.douglas@fcwlawyers.com.au or on 0488 151 503.

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