Fair Work Legislation and Interpretation

Below is my letter published in today’s Australian (including bits deleted by Ed) and two recent articles reporting on the decision by Justice Bromberg of the Federal Court rejecting the attempt by Toyota to seek changes in the enterprise agreement it has with unions. This vividly illustrates the difficulties faced by businesses under the Fair Work legislation and the judicial interpretation accorded to it by Bromberg and others.

But it also illustrates the urgent need to effect major reforms to the Fair Work Act. Those commentators who claim that businesses have failed to stand up for themselves by rejecting union claims should ask the question – what would the situation be if the Fair Work Act was repealed and replaced with a minimal regulatory arrangement that deals primarily with implied or actual breaches of contract. My letter makes one reform suggestion: Read more