HIA Senior Executive Director Compliance and Workplace Relations, Stuart Collins, said the way the Bill was finalised does not reflect the significance of the reforms it contains.

“This legislation progressed without a committee process or sufficient time to fully assess the detail of late amendments,” Mr Collins said.

“Workplace relations laws shape how businesses operate, employ and invest. Changes to this framework should be carefully tested to ensure they deliver clarity, stability and confidence for all parties.”

Mr Collins said, while the Bill was initially presented as merely administrative and procedural, it has ultimately introduced broader, more substantive policy changes.

“The Bill now makes material changes to how workplace arrangements are assessed and managed, particularly in relation to enterprise bargaining.”

Mr Collins said of particular concern are provisions affecting enterprise bargaining agreements (EBAs), including the potential to revisit existing arrangements under a different framework to the one that applied when they were approved.

“Enterprise agreements are negotiated in good faith between employers and employees based on the law at the time,” he said.

“Allowing those agreements to be reconsidered or varied under new settings introduces uncertainty for businesses that have acted in compliance with their legal obligations. It also opens the door for unions to have a second bite of the cherry.

"Not only that, but how can industry or the community trust that further reforms won’t be progressed in the future that further entrenches enterprise bargaining arrangements with unions as the only legitimate type of workplace arrangement.

“This has implications not only for residential construction, but for employers across the economy who rely on the certainty of agreed workplace arrangements.”

HIA also noted that the Bill has expanded beyond its original scope, introducing broader changes to bargaining processes and the role of the Fair Work Commission.

“These are significant policy shifts that warrant detailed consultation with industry and the wider community,” Mr Collins said.

“Reforms of this nature should be developed with a clear understanding of their practical effect, particularly on small and medium-sized businesses who depend on predictable and stable workplace settings.”

Mr Collins said that while HIA supports efforts to improve the operation and efficiency of the workplace relations system, the process for delivering reform is critical to its success.

“Effective reform requires confidence from those who operate within the system every day,” he said.

“A more considered and consultative approach would have helped ensure these changes deliver their envisioned outcomes without unintended consequences for employers, employees and the broader economy.

For more information please contact: