In December 2014, the Federal Government commissioned an inquiry by the Productivity Commission (the Australian Government’s independent research and advisory body on a range of issues affecting the welfare of Australians) into the operation of Australia’s federal industrial relations legislation. The Productivity Commission was tasked with assessing the performance of the workplace relations’ framework, focusing on key social and economic indicators important to the well-being, productivity and competitiveness of Australia and its people. The Productivity Commission published its Workplace Relations Framework – Draft report (“Draft report”) on 4 August 2015, which has since been the subject of substantial media attention, particularly in relation to the recommendation that in certain industries Sunday penalty rates should be reduced to reflect Saturday penalty rates. Whilst the media appears to be suggesting that preliminary recommendations made in the report are actually going to firstly be accepted by the Government, and secondly, actually change the current legal position, it should be noted that the Draft report is only a draft report, and is part of the ongoing inquiry by the Productivity Commission. The Draft report, and even the final report that will be created and provided to the Government in November, will have no legal force or effect. Therefore, employers, at least for now, should continue to run their businesses in a manner that conforms to the current legal requirements.
Australia