The End of Work Choices

In 2009, the Rudd Government, led by then Deputy Prime Minister and Workplace Relations Minister Julia Gillard, formally introduced legislation to dismantle the Howard Government’s controversial WorkChoices laws. This major shift marked a return to more employee-friendly industrial relations under the banner of Fair Work Australia.

Over a decade later, Australia’s workplace relations system continues to evolve. With new updates to industrial awards, enterprise bargaining rules, and minimum employment standards, it’s important to understand how the changes still affect your rights at work—and how to stay informed as further reforms unfold in 2025.

A Look Back: What Was WorkChoices?

WorkChoices was introduced in 2006 by the Howard Government, significantly altering the balance of power in the workplace. It limited union involvement, weakened unfair dismissal protections, and encouraged individual workplace agreements. The backlash was swift and widespread, with unions, workers and even employers voicing concern.

In response, the incoming Labor Government pledged to repeal the laws. The result was the Fair Work Act 2009, which remains the foundation of Australian industrial relations today.

What Did the Fair Work Reforms Include?

1. National Employment Standards (NES)

The Fair Work Act introduced 10 minimum workplace entitlements for all employees, known as the National Employment Standards (NES). These include:

• Maximum weekly hours (38 plus reasonable additional hours)
• Annual, personal/carer’s, and parental leave
• Public holidays
• Notice of termination and redundancy pay
• Right to request flexible working arrangements

2. Protection from Unfair Dismissal

Employees in businesses with fewer than 15 employees gained greater access to unfair dismissal claims, reversing WorkChoices-era restrictions.

3. Strengthened Collective Bargaining

The Act reintroduced good faith enterprise bargaining. If a majority of employees wanted to bargain collectively, employers were legally obliged to participate—even if they initially refused.

4. Creation of Fair Work Australia (Now the Fair Work Commission)

The new body replaced the Australian Industrial Relations Commission, Fair Pay Commission, and Workplace Ombudsman. Today, the Fair Work Commission oversees workplace rights, minimum wages, and dispute resolution.

What’s Changed Since Then?

The Fair Work system has continued to evolve. As of 2025, recent reforms include:

• Increased minimum wage reviews to reflect cost-of-living pressures
• Expanded access to flexible working for carers, older Australians and remote workers
• Stronger protections against workplace bullying, sexual harassment and discrimination
• More robust penalties for wage theft and underpayment

Major reform packages in 2022 and 2023 expanded multi-employer bargaining and introduced a “Secure Jobs, Better Pay” Bill, aiming to lift wages, improve job security and modernise gender equity provisions.

What Does This Mean for You?

Whether you’re an employee, contractor, or small business owner, Australia’s workplace laws are designed to ensure fairness, safety and transparency. Here’s how to protect your rights or make informed career moves:

• Understand your employee entitlements
• Know where to go for help—start with the Fair Work Ombudsman
• If you’re managing staff or hiring, consider a human resources course to stay compliant and build leadership skills
• Want more flexibility in your own career? Explore online qualifications in project management, business, or leadership

Why It Still Matters

The end of WorkChoices wasn’t just a political moment—it was a shift in how Australians think about fairness, balance and productivity in the workplace. Today, as new technologies reshape work and new industries emerge, staying informed about your rights and opportunities is more important than ever.