IR changes welcomed, but big issues unresolved

The Australian Hotels Association (AHA) has welcomed the Federal Government’s announcement today that it will implement several recommended changes to the Fair Work Act, but says further action is required on the majority of issues raised in the Review process.

AHA National CEO Des Crowe supported the decision to immediately implement a small number of broadly supported amendments.

“This is an important first step in the process of balancing workplace relations laws”, Mr Crowe said.

“There are several recommendations from the Fair Work Act Review that have broad support across Government, employers and unions, and it makes sense to implement these immediately.

“There are many other areas where there are differences in views, and the AHA will continue to advocate for changes to the Fair Work Act that will improve flexibility and remove unreasonable red tape for employers.

“The alignment of time limits for unfair dismissals and adverse action proceedings to 21 days is a logical and welcome reform that will help to reduce the number of frivolous and vexatious claims made against employers and ensure claimants are not ‘double dipping’. This will be supported by giving FWA the power to seek costs from parties that have acted unreasonably during a proceeding, including unscrupulous agents making claims on behalf of employees.

Mr Crowe said the AHA is awaiting the Government’s response to the Expert Panel recommendation for a uniform number of 11 public holidays, currently a subject of discussion between governments.

“The consolidation of awards has not addressed concerns of business about being exposed to additional public holidays being declared on the whim of state and territory governments”, Mr Crowe said.

“The current penalty rate structure on public holidays means any additional days add enormously to operating costs and forces hotels to reduce their services.

“The second tranche of reforms must address the issue of public holidays. Hotels have been severely disadvantaged in recent years by the increasing practice of state and territory governments declaring additional public holidays and it is time a uniform national approach to public holidays was adopted.”

Source: AHA, 15 October 2012