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Industry-Innovation-and-Competitiveness-Agenda

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a right to access workplaces including those that do not have any members. The 2012<br />

Fair Work Act Review found this has led to frequent use of entry rights by some unions.<br />

The Review notes that during the construction phase of BHP Billiton’s Worsley Alumina<br />

plant, visits by union officials increased from zero in 2007 to 792 visits in 2010 (McCallum<br />

et al, 2012). The Bill provides that a union is entitled to enter a workplace for discussion<br />

purposes only if it is covered by an enterprise agreement, or it has been invited. Further,<br />

the Bill ensures the Fair Work Commission can properly deal with excessive right of entry<br />

visits – for example, by suspending, revoking or imposing conditions on an entry permit.<br />

• Improving workplace flexibility by enhancing the scope for employees to make individual<br />

flexibility arrangements that meet their genuine needs — Under the Fair Work Act<br />

employees <strong>and</strong> employers should be able to achieve flexibility in the workplace through<br />

individual flexibility arrangements (IFAs). However, the Fair Work Act currently allows<br />

enterprise agreements to restrict the use of IFAs. This means that employees covered<br />

by an enterprise agreement may be denied the opportunity for more suitable workplace<br />

arrangements even if their employer agrees. The Bill provides workers with fair flexibility<br />

by ensuring IFAs can be made in relation to a minimum of five key conditions.<br />

• Closing the ‘strike first, talk later’ loophole in the good faith bargaining rules — The Fair<br />

Work laws enable industrial action in support of claims for a new enterprise agreement<br />

before bargaining has commenced. The Bill ensures industrial action cannot be the first<br />

step in the bargaining process.<br />

The Government will further amend the Fair Work legislation to ensure that protected industrial<br />

action can only happen after there have been genuine <strong>and</strong> meaningful talks between workers<br />

<strong>and</strong> business during enterprise bargaining <strong>and</strong> only in support of claims that are not manifestly<br />

excessive <strong>and</strong> would not have a manifestly adverse impact on workplace productivity. We will<br />

also require employees <strong>and</strong> employers to consider productivity improvements when bargaining<br />

for an enterprise agreement.<br />

Boosting the workforce participation of parents<br />

The Government aims to boost women’s workforce participation to help increase Australia’s<br />

labour force <strong>and</strong> GDP, <strong>and</strong> this will be supported by the proposed Paid Parental Leave (PPL)<br />

scheme <strong>and</strong> informed by the Productivity Commission review of Childcare <strong>and</strong> Early Childhood<br />

Education.<br />

<strong>Industry</strong> <strong>Innovation</strong> <strong>and</strong> <strong>Competitiveness</strong> <strong>Agenda</strong><br />

In<br />

Co<br />

The gap between women’s <strong>and</strong> men’s labour force participation rate is 16.7 percentage points<br />

for those aged 25 to 34 years <strong>and</strong> 11.9 percentage points for those aged 15 years <strong>and</strong> older<br />

(OECD, 2014b). Closing the gap in the participation rate between women <strong>and</strong> men is estimated<br />

to boost Australia’s GDP by 13 per cent (Toohey, 2013). The availability of paid parental leave<br />

<strong>and</strong> affordable childcare are strongly supported by international organisations to assist women’s<br />

workforce participation (OECD et al, 2014; Elborgh-Woytek et al, 2013).<br />

TPO00007<br />

The Reform <strong>Agenda</strong>: Ambition 2<br />

59

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