CCIWA warns Fair Work Court could add cost and complexity for business

WA businesses could face higher costs and greater industrial relations complexity under the Federal Government’s proposal to establish a Fair Work Court, according to CCIWA.

Announced by Prime Minister Anthony Albanese at the Australian Council of Trade Unions (ACTU) Congress, a specialist court would create another legal jurisdiction for industrial relations matters.

The Australian Chamber of Commerce and Industry (ACCI) CEO Andrew McKellar said there was no evidence existing courts lacked the expertise to deal with workplace relations matters.

“Changes to workplace relations laws over the last few years have vastly increased complexity and uncertainty, and expanded their coverage and jurisdiction, resulting in more litigation and a greater role for courts and tribunals in resolving workplace disputes,” he said.

CCIWA CEO Will Golsby said employers were already grappling with an increasingly complex workplace relations framework following significant law reforms.

“WA employers have spent the past few years adapting to a wave of workplace relations changes that have made the system more complex and costly,” he said.

“The last thing businesses need is another jurisdiction, another set of legal processes and another layer of uncertainty when dealing with workplace disputes.”

More complexity, more cost

CCIWA said a new court was not necessarily the best solution.

“Whenever governments introduce additional regulatory or legal processes, businesses inevitably bear the cost,” Golsby said.

“More rules, more procedures and more legal complexity means more time and resources diverted away from growing businesses and employing Western Australians.”

A better approach

CCIWA said strengthening existing institutions would be a more practical solution.

“Employers should not have to navigate multiple jurisdictions to resolve workplace issues,’ Golsby said.

“WA businesses want a workplace relations system that is simple, efficient and predictable.

“Based on what has been announced so far, we’re concerned the proposed Fair Work Court risks moving in the opposite direction.”

Get support

For legal advice or assistance with workplace reforms, contact Business Law WA on 08 9365 7746 or email [email protected].

Or contact CCIWA’s Employee Relations Helpline on 08 9365 7660 or email [email protected] for practical guidance.