The incidence of, and trends in, corporate avoidance of the Fair Work Act 2009

Policies, Publications & Submissions - March 28, 2017

INTRODUCTION

“The incidence of, and trends in, corporate avoidance of the Fair Work Act 2009 with particular reference to:

a) the use of labour hire and/or contracting arrangements that affect workers’ pay and conditions;

b) voting cohorts to approve agreements with a broad scope that affect workers’ pay and conditions;

c) the use of agreement termination that affect workers’ pay and conditions;

d) the effectiveness of transfer of business provisions in protecting workers’ pay and conditions;

e) the avoidance of redundancy entitlements by labour hire companies;

f) the effectiveness of any protections afforded to labour hire employees from unfair dismissal;

g) the approval of enterprise agreements by workers not yet residing in Australia that affect workers’ pay and conditions;

h) the extent to which companies avoid their obligations under the Fair Work Act 2009 by engaging workers on visas;

i) whether the National Employment Standards and modern awards act as an effective ‘floor’ for wages and conditions and the extent to which companies enter into arrangements that avoid these obligations;

j) legacy issues relating to Work Choices and Australian Workplace Agreements;

k) the economic and fiscal impact of reducing wages and conditions across the economy; and

l) any other related matters.

 

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