On 25 June 2009 the Federal Government's state referral and consequential Act received assent. It is part of the transitional legislation that is needed to create the framework for a national workplace relations system by enabling the states and territories to refer matters to the Commonwealth. It also deals with a number of consequential amendments to other Federal laws
Victoria was the first to confirm it would refer its powers and since then a number of other states have also indicated support for the national system. A communiqué issued by the Workplace Relations Ministers’ Council (WRMC) on 11 June 2009 announced Victoria has signed an interim bilateral agreement to govern the Victorian referral and introduced a Bill to refer its powers from 1 July 2009.
South Australian and Tasmanian have said they intend to join Victoria in referring its powers on workplace relations matters to the Commonwealth, but noted a number of issues still needed to be finalised.
Queensland has given ‘in-principle’ support for its referral subject to a number of key issues being resolved.
NSW won’t make a decision until remaining parts of the Fair Work reforms are enacted.
The ACT has expressed its support for a national system and the Northern Territory has said its government supports a national system in-principle and would formally consider its position shortly.
Western Australian won’t refer its powers on workplace relations matters, but is conducting an independent review of their state industrial relations system which will consider opportunities for harmonisation with the new national workplace relations system.
For more information see the:
Fair Work (State Referral and Consequential and Other Amendments) Act 2009