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September Quarter 2016 Enterprise Bargaining Trends

The September 2016 quarter wage growth results for enterprise bargaining provides an increase in wage outcomes in all sectors. There is a significant increase in the construction sector, although this is primarily due to union pattern agreements on construction projects in NSW and Victoria. The increases do indicate that the market correction in the post resources boom wage market has plateaued, and there is likely to be moderate wage growth over the next 12 months. The rationalisation of excess labour markets has occurred and the scarcity of labour resources in certain sections may arise.

Restructuring: The Industrial Risk

The transitioning economy has resulted in restructuring of the workplace and market adjustments to wage outcomes. This has resulted from lesser demand particularly in the contracting sector and overall tight margins in general industry. This transition has been against the background of high wage legacies in terms of enterprise agreements and salary arrangements from the resources boom. This has resulted in terminating some provisions and creating market driven outcomes for enterprise agreements and salary arrangements. The Department of Employment data shows that the Fair Work Commission terminated 416 agreements in the first three quarters of 2016, up from 275 in 2015 and 156 in 2014, with

Code Compliance of Enterprise Agreements – Urgent

What you need to know The Australian Building and Construction Commission (ABCC) and the New Code of Practice for the Construction Industry (Code for the Tendering and Performance of Building Work 2016) is now in place and applies to Commonwealth-funded work tendered after 2 December 2016. In order to be eligible to win Commonwealth-funded works, companies need to be Code Compliant with the new 2016 Code on all of their works, both public and private from 2 December 2016. The initial legislation was provided for a transition period of 2 years for agreements made before 2 December 2016. This has now been amended to reduce the phase-in period for the Code from two years to nine months, concl

Consultation in Circumstances of Redundancy

The current industry downturn in Queensland has necessitated the termination/redundancy of employees in many circumstances. This has resulted in a number of redundancies being challenged as unfair dismissals. A genuine redundancy is exempted from the unfair dismissal provisions of the Fair Work Act 2009 (Cth), however in order for this to occur, three criteria must be satisfied: The employer no longer requires the person's job to be performed by anyone due to changes in operational requirements; It is not available or reasonable in all the circumstances for the person to be redeployed within the employer’s enterprise or an associated entity of the employer; and The employer has complied with

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