There is likely to be significant negative feedback from employers regarding today’s announcement. It appears the Government has disappointed John Denton, Chair of the Government’s business advisory group on workplace laws, who has called for urgent policy work on a broader agenda to lift productivity.

In attempting to satisfy the wishes of unions and employers the government’s proposed legislation will contain a complex set of bargaining requirements. Under the current arrangements you can only bargain over matters that “pertain” to the employment relationship ie wages but not union dues. The unions have sought to remove this restriction, in particular so that union rights at the workplace can be the subject of bargaining. Employers have resisted this so the government have restricted some areas and opened up others.

Agreements will be able to contain negotiated arrangements on staff levels, job security and contributions to training funds as well as other union matters - time off for union delegates and union involvement in disputes for example. But agreements may not contain arrangements on bargaining fees, managerial prerogative and other matters not pertaining to the employment relationship (ie requiring the employer to contribute 10% of profits to Greenpeace).

This is potentially confusing enough, but what complicates this further is that parties can effectively bargain over anything (including matters not allowed in agreement) but protected industrial action may only be taken over matters that are allowed in agreements.