Wally Kluktewicz

Company Name: Brickworks Limited

Presentation Date: 19 October 2022

Presentation Overview

1.Introduction a historical review of Enterprise Bargaining

• 1993/94- Enterprise Agreements Union and Non-union but predominately Union.

• Protected Industrial Action – limited action permitted

• 1996 Howard Government Changes –

• Union, Non Union, Greenfield Agreements
• Establish Safety Net
• Protected Industrial Action- Limited Union Rights
• AWA ‘s introduced
• 2006 Work Choices
• 2008 – Rudd/Gillard Reforms
  • Abolished AWA’s
  • Started Award Modernisation
• 2009/10 Fair Work Act
• Established one bargaining stream – Enterprise Agreements – Bargaining Rep
• Designed to promote collective bargaining
  • Greenfield Agreements – Union
  • Limits on Right of Entry
  • Limits on Industrial Action

 2. Issues with Enterprise Bargaining

• Jumping through Hurdles with Enterprise Agreements
  • Single - Enterprise Agreements
  • Multi-Enterprise Agreements
  • Greenfield Agreements 

3. Where is the Process failing?

• Fair Work Commission Time consuming BOOT test process up to 6 months to approve
• Rigid technical procedures
• Varying wage outcomes in certain industries
• Is the Modern Award System an option
• Still under 4-year review  - year 5 

4. What next – Jobs skills Summit will change be achieved