Robert Gottliebsen has raised a fascinating opportunity in a recent article on Julia Gillard's industrial relations legislation. In short, Gottliebsen points to what he calls the 'productivity booster' clause in the legislation that makes it possible not to have employees employed under an enterprise agreement but rather to be employed under what are called 'industrial flexible clauses'. The agreements under these clauses are really individual contracts and they must be genuinely agreed to by each employee and there are clear minimum conditions. In these agreements no third parties (i.e. unions) need to be involved.

He makes the point that "No company should contemplate such agreements if they have an old-style HR department because it requires a totally different management culture to manage lots and lots of agreements. Those that manage such a structure must have excellent relationships between management and staff and need to be able to cope with some employees who are part of a union agreement."

My take on the new legislation is that Change always presents Obstacles and Opportunities as the two sides of a single coin, and that if you approach the new changes in IR legislation with a positive attitude and a desire to find a win-win solution with your team, then there are riches to be harvested by both parties - usually at the expense of your less flexible competitors!