In Wayne’s World the Treasurer would have you believe that all is perfect in the workplace relations arena. Well Wayne, it isn’t.

Treasurer Wayne Swan is either ignorant of the operation of the Fair Work Act or he is deliberately misleading the public.

This morning Mr Swan told the ABC’s AM programme, was asked about the impact of the JJ Richard’s decision by FWA full bench yesterday.

ASHLEY HALL: Business leaders have expressed concern about a Fair Work Australia decision which seems to give workers the right to strike in advance of any bargaining period. There was some commentary yesterday about the winding back of reform during the minerals week conference here at Parliament House.

Are you going to need to make some adjustments to the workplace relations regime to accommodate this?

WAYNE SWAN: Well first of all, Fair Work Australia is an independent umpire and the Fair Work Act has the same provisions in it when it comes to protected action as the previous Workplace Relations Act.

So there's been no change there but this is a decision of the independent umpire. As I talk to industry around the country, they were part of the arrangements that were put in place to get rid of Mr Howard's WorkChoices and put a fairer system in place.

From time to time they will have some criticisms of the act, but by and large I find them supportive overall of the framework.

Mr Swan is wrong when he says the provisions of the FW Act are the same as under WorkChoices.

Under WorkChoices a party, either the employees or the employers, had to initiate at bargaining period and provide notice that they wanted an agreement and what was wanted in that agreement.

That then acted as a trigger. Only after seven days could action bet taken and that included asking for a secret ballot to take industrial action.

Under WorkChoices there was a trigger to initiate bargaining. That trigger has been abolished under the FW Act.

So Mr Swan’s claim that nothing has changed is false. Under WorkChoices it would have been impossible to strike first and talk later as the case is now.

It is clear cut. Mr Swan is either ignorant of the operations of the FW Act or he is deliberately misleading the Australian people.

Prior to the legislation being introduced, the government had said an agreement was meant to be between an employer and its employee, Yet clearly the import of the JJ Richards decision is that the view of the employees don't necessarily count because you don't have to get a majority support determination. 

And if Mr Swan thinks industry is supportive of the FW Act then he is not getting out and about enough.

Apart from criticism yesterday by the AiGroup, ACCI, AMMA and so on there has been a chorus of calls for reform of the Act.

In March the AiGroup set out ten areas that needed reform, the Australian Institute of Human Resources has also identified problems, as has ACCI and other industry groups.

Yesterday’s confirmation that the government will hold a review of the FWA in January next year is good news, but it overdue.

The problems are apparent now and yesterday’s full bench decision only adds to the burden of this failed Act.

This is a step in the right direction, but is hardly enough or timely enough.

The FWA should be overturned!