Footnotes

CHAPTER 1 - Introduction

[1]        Votes and Proceedings, 29 November 2014, p. 1011.

[2]        Journals of the Senate, 4 December 2014, p. 1985.

[3]        Explanatory Memorandum, Fair Work Amendment (Bargaining Processes) Bill 2014, p. iii.

[4]        Explanatory Memorandum, Fair Work Amendment (Bargaining Processes) Bill 2014, p. iii.

[5]        Australian Government, Fair Work Commission, https://www.fwc.gov.au/awards-and-agreements/agreements/make-agreement (accessed 22 December 2014); Australian Government, Fair Work Ombudsman, http://www.fairwork.gov.au/awards-and-agreements/agreements (accessed 22 December 2014).

[6]        Explanatory Memorandum, Fair Work Amendment (Bargaining Processes) Bill 2014, p. 2.

[7]        Australian Government, Fair Work Commission, Protected action ballots, https://www.fwc.gov.au/resolving-issues-disputes-and-dismissals/industrial-action/protected-action-ballots (accessed 23 December 2014); Australian Government, Fair Work Commission, Industrial action, https://www.fwc.gov.au/resolving-issues-disputes-and-dismissals/industrial-action/industrial-action (accessed 23 December 2014).

[8]        Explanatory Memorandum, Fair Work Amendment (Bargaining Processes) Bill 2014, p. v.

[9]        Fair Work Amendment (Bargaining Processes) Bill 2014, ss. 443(2).

[10]      The Hon Christopher Pyne, MP, Minister for Education, House of Representatives Hansard, 27 November 2014, p. 1.

[11]      The Department of Employment, Submission 16, p. 4.

[12]      Explanatory Memorandum, Fair Work Amendment (Bargaining Processes) Bill 2014, p. iii.

[13]      Explanatory Memorandum, Fair Work Amendment (Bargaining Processes) Bill 2014, p. iii.

[14]      Explanatory Memorandum, Fair Work Amendment (Bargaining Processes) Bill 2014, p. ii.

CHAPTER 2 - Key issues

[1]        Australian Mines and Metals Association, Submission 21, p.1. See also Australian Chamber of Commerce and Industry, Submission 17, p.12; Australian Mines and Metals Association, Submission 21; South Australian Wine Industry Association Incorporated, Submission 5, p. 7; Master Builders Australia, Submission 18, p. 2.

[2]        See for example Australian Council of Trade Unions, Submission 10; Australian Workers' Union, Submission 12; Unions ACT, Submission 11.

[3]        Department of Employment, Submission 16, p. 4.

[4]        The Coalition's Policy to Improve the Fair Work Laws, p. 32, available at: http://lpaweb-static.s3.amazonaws.com/Policies/FairWork.pdf (accessed 17 March 2015).

[5]        Quoted in Department of Employment, Submission 16, p. 4.

[6]        See Productivity and innovation in enterprise agreement clauses: an overview of literature, data and case studies at the workplace level, Fair Work Commission, 2014, p. 1.

[7]        Australian Chamber of Commerce and Industry, Submission 17, p. 5.

[8]        Department of Employment, Submission 16, p. 4.

[9]        Australian Business Industrial and New South Wales Business Chamber Ltd, Submission 13, p. 3.

[10]      Department of Employment, Submission 16, p. 4. See also Australian Business Industrial and New South Wales Business Chamber Ltd, Submission 13, p. 4; Australian Chamber of Commerce and Industry, Submission 17, p. 6.

[11]      Australian Chamber of Commerce and Industry, Submission 17, p. 6.

[12]      See The Coalition's Policy to Improve the Fair Work Laws, available at: http://lpaweb-static.s3.amazonaws.com/Policies/FairWork.pdf (accessed 17 March 2015).

[13]      Department of Employment, Submission 16, p. 4.

[14]      House of Representatives, Hansard, 27 November 2014.

[15]      Explanatory Memorandum, Fair Work Amendment (Bargaining Processes) Bill 2014, p. 2.

[16]      Enterprise agreements made in relation to a new enterprise before any employees are employed. Such enterprises do not have existing arrangements to which productivity improvements can be made. See http://www.fairwork.gov.au/ArticleDocuments/723/Enterprise-Bargaining.pdf.aspx?Embed=Y (accessed 16 March 2015).

[17]      Explanatory Memorandum, Fair Work Amendment (Bargaining Processes) Bill 2014, p. 2.

[18]      Australian Business Industrial and New South Wales Business Chamber Ltd, Submission 13; Master Builders Australia, Submission 18; Australian Sugar Milling Council, Submission 20.

[19]      Australian Chamber of Commerce and Industry, Submission 17, p. 7.

[20]      Australian Mines and Metals Association, Submission 21, p. 8.

[21]      South Australian Wine Industry Association Incorporated, Submission 5, p. 4.

[22]      New South Wales Government, Submission 3, pp 1–2.

[23]      Australian Lawyers for Human Rights, Submission 11, p. 2.

[24]      JobWatch Inc, Submission 14, p. 4.

[25]      The Australian Workers' Union, Submission 12, p. 12.

[26]      Fair Work Act 2009, s. 590(2)(c).

[27]      Fair Work Act 2009, ss. 443(1).

[28]      JobWatch Inc, Submission 14, p. 5.

[29]      Drawn from principles of a Full Bench of Fair Work Australia decision in Total Marine Services Pty Ltd v Maritime Union of Australia [2009] FWAFB 368. See Explanatory Memorandum, Fair Work Amendment (Bargaining Processes) Bill 2014, p. 3.

[30]      Australian Manufacturing Workers' Union, Submission 15, p. 7; the Australian Council of Trade Unions, Submission 9, p. 4.

[31]      Australian Manufacturing Workers' Union, Submission 15, p. 7.

[32]      Explanatory Memorandum, Fair Work Amendment (Bargaining Processes) Bill 2014, p. 3.

[33]      Australian Chamber of Commerce and Industry, Submission 17, p. 7.

[34]      Master Builders Australia, Submission 18, p. 8.

[35]      Australian Chamber of Commerce and Industry, Submission 17, p. 8.

[36]      Pattern bargaining is a process by which an employee group gains a new entitlement from one employer and then uses that as a precedent to demand equal or better entitlements from other employers.

[37]      Master Builders Australia, Submission 18, p. 9.

[38]      Department of Employment, Submission 16, p. 6.

[39]      Explanatory Memorandum, Fair Work Amendment (Bargaining Processes) Bill 2014, p. 4.

[40]      Department of Employment, Submission 16, p. 8.

[41]      Australian Chamber of Commerce and Industry, Submission 17, p. 10; Australian Public Transport Industrial Association, Submission 8, p. 3.

[42]      Australian Chamber of Commerce and Industry, Submission 17, p. 11. An ambit claim is an extravagant demand issued in expectation of a counter-offer and eventual compromise.

[43]      Master Builders Australia, Submission 18, p. 14.

[44]      Maritime Union of Australia, Submission 19, p. 6.

[45]      Australian Manufacturing Workers' Union, Submission 15, p. 10.

[46]      Australian Sugar Milling Council, Submission 20, p. 3.

[47]      Australian Mines and Metals Association, Submission 21, p. 9.

[48]      Maritime Union of Australia, Submission 19, p. 7.

[49]      Department of Employment, Submission 16, p. 8.

[50]      Mr Daniel Mammone, Director Government Relations, Australian Mines and Minerals Association, Proof Committee Hansard, 20 March 2015, p. 26.

[51]      Mr Scott Barklamb, Executive Director, Policy and Public Affairs, Australian Mines and Minerals Association, Proof Committee Hansard, 20 March 2015, p. 31.

[52]      Mr Scott Barklamb, Executive Director, Policy and Public Affairs, Australian Mines and Minerals Association, Proof Committee Hansard, 20 March 2015, p. 31.

[53]      Australian Business Industrial and New South Wales Business Chamber Ltd, Submission 13, p. 7.

[54]      Mr Tony Bradford, Principal Consultant, Australian Mines and Minerals Association, Proof Committee Hansard, 20 March 2015, pp 29–30.

[55]      Australian Chamber of Commerce and Industry, Submission 17, p. 8

[56]      Department of Employment, Submission16, p. 6.

[57]      Australian Chamber of Commerce and Industry, Submission 17, p. 11.

[58]      In 2013, only 17 per cent of employees overall and 12 per cent of private sector employees were union members. See Australian Bureau of Statistics data supplied by South Australian Wine Industry Association Incorporated, Submission 5, p. 4.

LABOR SENATORS' DISSENTING REPORT

[1]        Maritime Union of Australia, Submission 19, p. 6; Australian Manufacturing Workers' Union, Submission 15, p. 10.

[2]        Mr Dick Grozier, Associate Director, Workplace Relations, Australian Chamber of Commerce and Industry, Proof Committee Hansard, 20 March 2015,  p. 8.

[3]        Mr Daniel Mammone, Director Government Relations, Australian Mines and Minerals Association, Proof Committee Hansard, 20 March 2015, p. 26.

[4]        Explanatory memorandum, p. 3.

[5]        Mr Nev Power, Speech to the Australian Resource People Summit, 30 May 2014, video recording available at: http://www.amma.org.au/news-media/media-center/fmg-chief-talks-ir-challenges/ (accessed 8 April 2015).

[6]        Mr Scott Barklamb, Executive Director, Policy and Public Affairs, Australian Mines and Metals Association, Proof Committee Hansard, 20 March 2015,  p. 31

[7]        Maritime Union of Australia, Proof Committee Hansard, 20 March 2015, p. 20; Australian Workers' Union, Proof Committee Hansard, 20 March 2015, p. 21; Australian Nursing and Midwifery Federation, Submission 6, p. 6.

[8]        Australian Bureau of Statistics, 6321.0.55.001 - Industrial Disputes, Australia, December 2014.

[9]        Australian Council of Trade Unions, Submission 9, p. 10.

[10]      Australian Council of Trade Unions, Submission 9, p. 10.

[11]      'Time to halt the productivity slide', Business Spectator, 22 February 2013, http://www.business
spectator.com.au/article/2013/2/22/time-halt-productivity-slide (accessed 25 March 2015).

[12]      Explanatory memorandum, p. iv.

[13]      Philip Lowe, 'Demographics, Productivity and Innovation', speech to the Sydney Institute, 12 March 2014, http://www.rba.gov.au/speeches/2014/sp-dg-120314.html  (accessed
8 April 2015).

[14]      See, e.g, Proof Committee Hansard, 20 March 2015, p. 3.

[15]      Mr Michael Doleman, Deputy National Secretary, Maritime Union of Australia, Proof Committee Hansard, 20 March 2015, p. 19.

[16]      Proof Committee Hansard, 20 March 2015, pp 20–21.

[17]      Australian Nursing and Midwifery Federation, Submission 6, p. 6.

[18]      Australian Lawyers for Human Rights, Submission 11, p. 2.

[19]      Professor David Peetz, Submission 23, p. 2.

[20]      Unions WA, Submission 7, p. 2.

[21]      Parliamentary Joint Committee on Human Rights, Human rights scrutiny report: Nineteenth report of the 44th Parliament, March 2015, p. 7.

[22]      Parliamentary Joint Committee on Human Rights, Human rights scrutiny report: Nineteenth report of the 44th Parliament, March 2015, p. 11.

[23]      Parliamentary Joint Committee on Human Rights, Human rights scrutiny report: Nineteenth report of the 44th Parliament, March 2015, p. 8.

[24]      Parliamentary Joint Committee on Human Rights, Human rights scrutiny report: Nineteenth report of the 44th Parliament, March 2015, p. 10.

[25]      Parliamentary Joint Committee on Human Rights, Human rights scrutiny report: Nineteenth report of the 44th Parliament, March 2015, p. 9.

[26]      Senator Sue Lines, Deputy Chair, Proof Committee Hansard, 20 March 2015, p. 39.

AUSTRALIAN GREENS DISSENTING REPORT

[1]        Australian Council of Trade Unions, Submission 9, p. 4.