The Rudd Government has lied and tricked the Australian public into swinging to vote for them with the lie they will reverse the Howard Governments Work Choices Laws. Reverse them, wonderful I will vote for Rudd, if only it was true in its entirity.
They are reversing some of the minor points but when crunch time comes the main issues are not being changed.
In my view one of the things that should be reveresed is the wage determination powers of the Industrial Relations Commission (generally a Full Bench sitting); these will not be coming back! So we end up with this fairness testing. We are yet to see what Dudd (rit) can get through the Senate. So who knows where we will stand with regards to arbitration which they seem will be leaving up to the concerned parties and leaving the Commission powerless
In terms of what has happened to the powers of the Commission with regards to Management breaking a clause in the EBA I am not 100% sure, worth emailing the Federation and they can clarify your legal position.
In regards to taking your own legal action, will cost you a fortune in long drawn out cases....hence why we have the Federation to appear for us and bear the costs.