With a robust strategy now in place, Nate Burke—immediate past president of IRSQ and current ALERA Executive member—steps into the role of ALERA President, eager to advance several exciting initiatives for ALERA’s members.

We caught up with Nate to hear his thoughts on industrial relations and gain some insights into his vision for ALERA into the future.

What attracts you to the ALERA Presidency and what do you hope to achieve?

I am intimidated beyond belief to be following Neroli Ellis as ALERA President. However, I strongly believe in the direction that Neroli and the whole ALERA management committee have put ALERA in over recent years. As President, I want to see ALERA deliver strong support at the national level to industrial relations societies in every State and Territory and to highlight and develop the workplace relations profession.

Can you share with us the story of how you initially became involved in the field of industrial relations? What experiences or events led you to pursue a career in this area?

I was initially studying to be a doctor. Unfortunately, I got very sick in my second year and the ongoing effects of that illness meant I needed to reassess my options. I swapped into law, then added business, hated both so I chose (read: fell into) something in the middle - industrial relations.

Reflecting on your career journey thus far, could you highlight what you consider to be your most significant achievement within the realm of industrial relations? How did this accomplishment impact your professional trajectory or contribute to your personal growth?

It's probably a number of achievements. Being the President of the IRSQ and now ALERA is something I would never have predicted happening but I'm immensely happy and proud that it did. Similarly, working at the Department of Employment and Workplace Relations and working on the legislation for Secure Jobs, Better Pay, Protecting Worker Entitlements, Closing Loopholes 1 and 2 was something I wouldn't have thought was on the cards but has given me a real sense of achievement and I'm proud to be able to say that I directly contributed to changing the law. Regardless of your views on the substance of that work, it represents a HUGE amount of work on the part of the many public servants involved. Just as some lawyers would say litigation is something all lawyers should do at least once; I would say playing a part in the legislative process is something all lawyers should do once.

In your opinion, what do you perceive as the most prominent emerging issue within the field of industrial relations today? How do you foresee this issue shaping the landscape of IR in the future, and what steps do you believe are necessary to address it effectively?

I think in recent years there have been significant changes to what 'work' workplace relations regulates, and it will be interesting to see where this goes. As with most things, I suspect it will continue to expand and contract as we go through the cycle.

If you could offer a piece of advice to your younger self when embarking on your first job in industrial relations, what would it be? based on your experiences and insights gained over the years, what guidance would you provide to someone just starting out in this field?

I am affected by imposter syndrome. I would say to younger me: you can do it. Don't take a backseat, if you have an opinion, express it, if you have a question, ask it, if you think something is wrong, raise it. I have been very fortunate that I have been noticed by people with the ability to help me advance in my career, but it would have been better if I'd understood earlier (and even now) that I can do it.

Is there a particular individual within the realm of industrial relations or a related field whom you admire most? What qualities or accomplishments of this person inspire you, and in what ways have they influenced your approach to your own professional endeavours?

I am lucky that I got to work at the Fair Work Commission and the Fair Work Ombudsman and be a part of the IRSQ and ALERA. This experience has meant I've met and worked with some real heavy hitters in the field. For a number of years, I worked for Commissioner Paula Spencer and Vice President Ingrid Asbury and despite thinking I knew everything about workplace relations, I learnt almost everything I know from them. I'll forever be grateful that they allowed me to work in their Chambers (and to the Associates that followed me, I had many, many arguments with them about throwing out the hardcopy diaries - of which there were two. You're welcome). There are many others that I cannot list for fear I'd miss someone important, and I can't handle the flood of abusive text messages I'd receive.

As we aim to get to know you better beyond your professional achievements, could you share a random fun fact about yourself? Whether it is a unique hobby, an interesting travel experience, or an unexpected talent, we would love to hear something that offers insight into the person behind the professional persona.

I'm just going to list a bunch of things: I grew up in the (true) beef capital of Australia, I won the religion award at school but haven't been to church since school, I love to cook, I have 2 cats and if you're ever in a teams meeting with me you'll meet them, I come from an extremely large extended family (I couldn't even tell you how many people), I don't like olives but really wish I did, I have watched Downton Abbey from start to finish more times than is acceptable to publicly admit, and I would be a terrific Duke.

New resources about pay and conditions, enterprise agreements and bargaining

Together with the Fair Work Ombudsman,  the FWC have launched new resources to help you better understand the Fair Work system.

Visit their Online Learning Portal to access new animations and supporting resources on:

Understanding employee pay and entitlements

• learn where employee pay and entitlements come from
• find out how awards, enterprise agreements and contracts interact
• know which of the two Fair Work agencies can help
• learn what an enterprise agreement is, how they are made and when they apply
• find a case study about a small business’s experience of making an enterprise agreement

Understanding enterprise agreements

• learn what an enterprise agreement is, how they are made and when they apply
• find a case study about a small business’s experience of making an enterprise agreement.

Understanding bargaining

• learn about the key steps in good bargaining processes
• understand who is involved and their roles and responsibilities.

The captions for the animations are also available in Arabic, Hindi, Simplified Chinese, Japanese and Spanish.

Read their joint media statement with the Fair Work Ombudsman

• New resources about pay and conditions, enterprise agreements and bargaining (pdf)

Can you share with us the story of how you initially became involved in the field of industrial relations? What experiences or events led you to pursue a career in this area?

My father is a lawyer who has had a significant employment law practice for as long as I can recall. I was always interested in becoming a lawyer myself and, perhaps unsurprisingly, I worked with him whilst I studied and upon my graduation, gaining valuable experience in the field. I much preferred the pace at which employment law matters proceed, especially compared to the personal injury matters which often drag on for years and years. I prefer the sometimes “rough and ready” nature of negotiations in the employment and IR field, were matters get settled quickly, enabling people to move on with their lives. Also, I worked at large fast food chain and a supermarket in my school/university days, where my experiences, and those of my co-workers, showed me the importance of workers having access to good quality advice about their rights and entitlements at work.

Reflecting on your career journey thus far, could you highlight what you consider to be your most significant achievement within the realm of industrial relations? How did this accomplishment impact your professional trajectory or contribute to your personal growth?

I cannot think of “the big one”, but hopefully I am young enough that my most significant achievements are still ahead of me. For me, it is more about the smaller achievements, like being referred the close friend of a respected colleague from the other side, or a referral from the owner of a business you acted against previously.

I am now starting to see some of the students I’ve taught in the employment and industrial relations law module of the University of Adelaide GDLP course coming into their own as young lawyers. Even though I no doubt had nothing to do with their ability, nor their decision to practice in this area of law, it has definitely provided a satisfying answer for me when I am up late marking assignments and wondering why I keep trying to squeeze teaching in on top of my own practice and family life.

In your opinion, what do you perceive as the most prominent emerging issue within the field of industrial relations today? How do you foresee this issue shaping the landscape of IR in the future, and what steps do you believe are necessary to address it effectively?

I think dwindling unionism and the effectiveness of Labor's collective bargaining reforms will become a major issue. It will be interesting to see the uptake on multi-enterprise collective agreements and whether the unions have the resources to bargain effectively across multiple enterprises in circumstances where less than 5% of workers entering the workforce will join a union and membership overall is at about 12.5%.

If lack of members means the unions do not have the resources to organise and bargain effectively on behalf of workers across these enterprises, we will lose the benefits to the workforce that the reforms hope to bring.

If you could offer a piece of advice to your younger self when embarking on your first job in industrial relations, what would it be? based on your experiences and insights gained over the years, what guidance would you provide to someone just starting out in this field?

Don’t worry about winning or losing, worry about whether you do a good a job.

Whilst a good outcome is important, clients also want to feel like they have had someone genuinely advocating on their behalf and their position has been heard and understood.

More experienced practitioners will know that there is a winner and a loser in every case. They won’t judge you on the final outcome, they will judge you on the way you conduct yourself and your client’s case all the way up to that final point.

Is there a particular individual within the realm of industrial relations or a related field whom you admire most? What qualities or accomplishments of this person inspire you, and in what ways have they influenced your approach to your own professional endeavours?

There are a few Commission members and judges who I particularly admire for the paths they followed prior to their appointments. What I admire is the fact that they never appeared to be motivated by recognition or promotion. They always appeared to stay true to themselves and their values, practiced only in areas of the law for which they had a real passion and only ever appeared concerned to act professionally and do the best possible job they could for their clients. It just shows you can go a long way by focusing on the basics.

As we aim to get to know you better beyond your professional achievements, could you share a random fun fact about yourself? Whether it is a unique hobby, an interesting travel experience, or an unexpected talent, we would love to hear something that offers insight into the person behind the professional persona.

I have a lime green 1979 Holden Gemini station wagon that I drive on the weekends. I have had it since I was a teenager and I really should be too old and sensible to be driving something so noisy and obnoxious. My wife and son refuse to get in it with me, but my daughter loves it.

I have also spent the last few months learning how to do the Rubik’s cube. I average about two and a half minutes to solve it, which is apparently not very fast.

ALERA is excited to announce the Journal of Industrial Relation Awards, generously supported by Sage Publications.

The JIR Fran Hayes Award – For a major contribution to research on equity in industrial relations.

The JIR Joe Isaac Award – For a major contribution to internationally comparative research in industrial relations.

For further information on the nomination eligibility and criteria view here or email: JIR@deakin.edu.au

Nominations close 30 September 2024.

From the 1 July 2024, the FWC have a new ground on which they can issue an exemption certificate.

An exemption certificate allows a permit holder to enter a workplace or business premises without prior notice if they are investigating a suspected contravention. The FWC can now issue an exemption certificate if:

• the suspected contravention involves the underpayment of wages to a member of the union who works on the premises, and
• they reasonably believe that advance notice of the entry would hinder an effective investigation.

Find out more

Read the Right of entry changes: Exemption certificates relating to suspected underpayments (pdf).

Visit the Fair Work Ombudsman’s website to learn more about right of entry  and the rights and responsibilities of permit holders, employers and other persons on the premises.

Visit the FWC website to learn more about powers to issue entry permits and how they can help to resolve a dispute about right of entry.

Find out about other upcoming changes on Closing Loopholes Acts – what’s changing page.

Can you share with us the story of how you initially became involved in the field of Industrial Relations? What experiences or events led you to pursue a career in this area?

I commenced an Arts/Law degree at Sydney Uni, thinking I would major in English and History. I left my first English lecture in week one knowing immediately it wasn't for me and found myself in the furthest campus building from that lecture hall. It was the Industrial Relations building. I tried to enrol and was told it was fully subscribed. I recall telling the IR admin person that I would be an asset to the department and would end up top of class, so they should let me in! They relented and that was the start of my love affair with IR. Four years later, I completed my (Arts) Honours year majoring in Industrial Relations (and was awarded the Qantas prize as top student)! I joined the Clayton Utz Employment Law team as a paralegal that year and other than one six month rotation as a grad, I have practiced industrial relations / employment law ever since. I couldn’t imagine doing anything else.

Reflecting on your career journey thus far, could you highlight what you consider to be your most significant achievement within the realm of Industrial Relations? How did this accomplishment impact your professional trajectory or contribute to your personal growth?

At the end of 2019, three colleagues and I founded Kingston Reid. At that time, we had a vision to be bold and think big in how we deliver legal services to clients. We had a brilliant national team and together we created a firm that focuses exclusively on employment, industrial and safety law. We set out to be the largest national specialist workplace firm and today, Kingston Reid is recognised as a Tier 1 specialist. The accomplishment is only in a very small part, mine - it is overwhelmingly the accomplishment of our dedicated and amazing team who think big, stay curious and walk in our client’s shoes - and it's something I am immensely proud of. Personally, it has led to huge growth in developing skills to run a business. It has helped me think strategically and be a better people leader.

In your opinion, what do you perceive as the most prominent emerging issue within the field of Industrial Relations today? How do you foresee this issue shaping the landscape of IR in the future, and what steps do you believe are necessary to address it effectively?

It's trite to say, but I think the impact of digital transformation and automation on the nature and quality of work is a huge issue. As technology advances and disrupts various industries and occupations, workers face the challenges of adapting to new skills requirements, coping with job insecurity and displacement, and negotiating fair wages and conditions in an increasingly competitive and flexible labour market. Employers face increased competition and have to be more agile than ever. We see this with digital platforms and gig work which is being disrupted now. This issue will definitely impact the landscape of IR in the future, as it will require innovative and collaborative solutions from all stakeholders, including those our State and Territory Society’s represent.

If you could offer a piece of advice to your younger self when embarking on your first job in Industrial Relations, what would it be? Based on your experiences and insights gained over the years, what guidance would you provide to someone just starting out in this field?

Ha! I wouldn't dare provide advice to my younger self - it wouldn't be appreciated! My insights aren't prolific (clichéd, yes!) - jump in the deep end and work hard (it's easy to stand out if you show initiative and get things done!) .

Is there a particular individual within the realm of Industrial Relations or a related field whom you admire most? What qualities or accomplishments of this person inspire you, and in what ways have they influenced your approach to your own professional endeavours?

Loads of people inspire me and I admire too many to name! Most of them are fabulous femmes who have huge drive and are passionate about what they do. Some of these women are leaders in business, others in law and a number in academia.

As we aim to get to know you better beyond your professional achievements, could you share a random fun fact about yourself? Whether it's a unique hobby, an interesting travel experience, or an unexpected talent, we'd love to hear something that offers insight into the person behind the professional persona.

I am a Group Fitness Instructor (GFI) in my spare time. I teach a number of Les Mills group fitness classes and can be found in spin rooms around the Sydney CBD on weekday mornings.

How did you get into workplace relations?

I was sick of everyone whinging in the tearoom about their workplace concerns so I became active in raising issues and importantly putting forward solutions and working with management to ensure change. For me, it has always been about the basic values and fairness and that continues to be my motivation.

What advice would you give your younger self?

Take risks and when faced with “sliding door moments”, always choose the door which is the uncomfortable way forward to open up new challenges and experiences. Always keep learning.

What do you feel has been the biggest achievement in your career to date?

Appointment to the role as Deputy President of the Tasmanian Industrial Commission and utilising my depth of experience gained through 17 years as the State Secretary of the Australian Nursing Midwifery Federation.

What is the biggest emerging issue in workplace relations?

Workplace relations is now more complex and technical and becoming out of touch for many. Despite the changing industrial frameworks, employees and managers still need to work in a shared interest-based approach in a collaborative working environment. Unfortunately, many managers who have been promoted due to their advanced skill set, may not have the important skills of industrial relations, which ultimately is about people, communication, mutual respect and the employment relationship.

Who is the person you most admire?

I’ve been lucky to have many mentors during my career and have admired them all and they have been instrumental in my work- life balance. I have sought out support when I felt I needed to be able to share ideas and strategy and have had union, management, board chairs, lawyers and academics to work with and I am always grateful for their advice.

Tell us a random fun fact about you?

I am addicted to masters rowing and have just competed at Nationals. You have to be abnormal to want to train at 6 am in the cold and dark four days a week and also turn up regularly to the gym.

Chaired by Prof Rae Cooper, AO (University of Sydney and President Elect ILERA) together with the following renowned expert speakers.

Prof Mia Rönnmar (Lund University)

A/Prof Chris F Wright (University of Sydney) and Prof Colm McLaughlin (University College Dublin)

Prof Clare Kelliher (Cranfield University)

Janine Berg (ILO)

The seminar includes reflections from leaders of ILERA and its Study Groups as well as from a senior ILO representative. Participants discussed their recent research on ‘work and labour market change in and after the pandemic’.

View the presentation slides here or watch the seminar here.

The FWC have published a plain language fact sheet on some recent changes to the general protections under the Fair Work Act 2009.

General protections changes: workplace delegates’ rights

There are new protections for workplace delegates when they are carrying out that role.

A workplace delegate is a person appointed or elected by a union to be a delegate or representative for union members working in a particular enterprise. They have the right to represent the industrial interests of members and potential members.

These laws cover most employees and businesses in Australia.

Download: Changes to general protections: Workplace delegates’ rights (pdf)

Find out more

Visit the FWC website to learn more about the general protections including who the general protections laws cover.

Find out about other upcoming changes on our Closing Loopholes Acts – what’s changing webpage.

The Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 received Royal Assent on 26 February 2024.  
 
A number of provisions relating to the functions of the Commission have commenced. These affect bargaining and agreement making, and registered organisations amalgamation withdrawal. Other measures commence at later dates.
 
The FWC President has published a Statement setting out how it intends to implement the measures impacting the work of the Commission.
 
A list of the measures and their commencement dates is on the FWC website.   
 
To find out more click here