IR Commission of SA Finds Work Choices is Unfair and Lacks Balance

An inquiry conducted by the Industrial Relations Commission of South Australia has found that Work Choices is unfair, lacks balance, has increased the gender pay gap, and has had a significant adverse affect on many employees.

The report states that "The legislation has failed to deliver flexibility or fairness for employees as a whole."

The Inquiry found that the

"bargaining process is weighted in favour of the employer more than ever, and that there is compelling evidence that most employees who made AWAs between the commencement of Work Choices and 7 May 2007 suffered a loss of at least one but usually more protected award conditions without compensation."

Work Choices may Impede Productivity
The report states that there is no evidence that Work Choices has resulted in an increase in productivity. In fact it highlights that some aspects of Work Choices have "the potential to impede workplace productivity" because of the added complexity of collective agreement making and the "bureaucratic delays attendant upon the application of the Fairness Test."

Work Choices Increases Gender Pay Gap
The inquiry found that;

"Work Choices has increased the gender pay gap due to reasons which include poorer wage outcomes for women under individual agreements, segregation of women in lower paying industries and low levels of unionisation of women in the private sector. The demise of work value and gender equity test cases is another factor."

The report notes that the secrecy around AWAs can act to broaden the gender pay gap as it can be difficult to identify inequality; transparency being a precursor to fair pay.

Work Choices Negatively Affects Work/Life Balance
The inquiry found little genuine opportunity to negotiate for family friendly work practices, particularly for those in rural and remote communities. It also found that the loss of unfair dismissal remedies for many created increased job insecurity.

Click here to read the full report.

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