The review will examine the breath of regulation that should be included within model legislation. To this end a review panel is taking submissions of content. Submissions close mid July with final reports being issued by end January 2009. MTA will contribute to this review. Closer to home a review of the present NSW Act is well and truly overdue. The obligatory Parliamentary review commenced well over 2 years ago. This Government is sitting on a draft reform Bill and a subsequent (Stein) inquiry report (assessing that Bill against the objects of the Act) commissioned by it, which was delivered to the (then) Minister Della Bosca over 12 months ago.

MTA is hopeful that national model legislation, and subsequent State level implementation, will eventually introduce some reasonableness and balance into day to day OHS management.

Workplace Relations
The Federal Government introduced its first phase of legislative change some months ago which was primarily designed to remove employer and employee right of access to individual agreements. Its second wave of legislative reform will see the introduction of an entirely new Act which will introduce the balance of the Government’s workplace relations reform agenda. A draft Bill will be published for comment by October.

This proposed legislation will introduce a new body “Fair Work Australia (FWA).” This body will have many functions including a conciliation and arbitration role for awards and disputes including national safety net wage adjustments (replacing the Australian Industrial Relations Commission), an inspectorate and investigative function, agreement monitoring and lodgement facility, and a judicial (Court) function. In addition, this legislation will reintroduce unfair dismissal claims for employees of all corporations (subject to certain limited qualifications). This new body, FWA will manage unfair and unlawful dismissal claims.

Another key initiative is the modernising of awards. This process has been delegated to the Australian Industrial Relations Commission (AIRC) as a result of the first phase of legislative change. The objective is to reduce the number of awards, subsume various NAPSA’s which were the previous State awards that applied to corporations prior to the Workchoices laws, and simplify awards at the same time. This award modernisation process is not about adding costs to employers or employees losing benefits – this outcome will be difficult to achieve and I expect that there must be some costs arising through this process.

This award modernisation initiative is the workplace relations reform activity which has the most potential to impact on employers on a day to day basis. MTA is involved in the award modernisation process up to its neck and it intends to work to ensure that all the flexibilities gained historically will not be lost. In addition MTA will work to secure any new flexibility options that become available whilst attempting to minimise any costs associated with award modernisation.

The AIRC has commenced the process of Award Modernisation. Contrary to MTA’s desired position, that the vehicle repair, service and retail industry has not been listed as one of the priority industries for the modernisation of its awards. MTANSW, in conjunction with all MTAA members, argued that the vehicle industry should be a priority industry and stand alone for award coverage. MTA considered being involved at the preliminary stages of this process vital to ensure we carve out recognition for the vehicle industry and secure a capacity to shape the outcomes of any new award system.

Assuming the vehicle industry is grouped within the second stage of industries for review a new modern award will be finalised during early April, 2009. This would then allow substantial time to educate you, the membership, on the new arrangements and how to apply them.

All of the abovementioned workplace relations reforms, including the operation of a new modern award, are scheduled to commence on 1 January 2010.

I can ensure you that your Association will be kept very very busy throughout the next 12 months as we work hard to ensure that your interests are protected, and your opportunities enhanced, during the various employment relations legislative reviews being conducted.  Thank you for supporting MTA so that we can in turn support you.