This paper was released in May 2010 and was an analysis of flexibility clauses included in enterprise agreements under the Fair Work Act during its first 10 months or so of operation. What the report found was that many flexibility clauses, which were mandatory to include in all agreements, were simply tokenistic and afforded employers and employees no real flexibility.

For instance, one CFMEU-negotiated flexibility clause that went into a construction industry agreement had a flexibility clause that was restricted to saying that the employer agreed to provide protective clothing and boots for its workers. Another AMWU-negotiated clause that was in several manufacturing industry agreements simply afforded flexibility around when a 15-minute paid tea break could be taken by workers.

To view the full report, click here.