Post-Implementation Review – Department of Employment
In February 2013 and March 2013, the then Government announced a number of changes to the Fair Work Act 2009. A Regulation Impact Statement (RIS) was required for the changes, but the then Prime Minister granted an exemption to the Department from the RIS requirements on the basis of exceptional circumstances. As a result, under the Government’s best practice requirements, the Department of Employment was required to complete a Post-Implementation Review (PIR).
A PIR has been prepared for the changes included in the Fair Work Amendment Act 2013 that came into effect on 1 January 2014.
The PIR contains two chapters. The first chapter examines provisions on:
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establishing new rules for consultation about changes to regular rosters or working hours;
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amending the modern awards objective to require that the Fair Work Commission (FWC) take into account the need to provide additional remuneration for employees working outside normal hours;
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changes to right of entry rules for discussion purposes;
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enabling the FWC to arbitrate general protections dismissal disputes and unlawful termination applications where the parties consent; and
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aligning time limits for making an unlawful termination application with the time limit that applies for making general protections dismissal and unfair dismissal applications.
The second chapter of the report examines the anti-bullying jurisdiction which established an individual right of recourse for a worker who reasonably believes they are being bullied at work to apply to the FWC for a stop bullying order.
The PIR concludes overall that whilst most changes had an overall net benefit, for some provisions more time is needed to evaluate the magnitude and extent of their impact. The PIR also found that some provisions did not provide a benefit and should be repealed.
The OBPR agreed the average regulatory costs were less than $2 million per annum; these costs were self-assessed by the Department.