Fair Work

WORKPLACE LAW CHANGES AND HOW THEY AFFECT YOUR BUSINESS

The main changes will start on 1 January 2010.  There will be:

• Fair Work Australia – A new one stop shop;
• National Employment Standard (NES); and
• Modernised Awards.

Fair Work Australia will replace 5 bodies including the Australian Industrial Relations Commission and the Workplace Authority.

Fair Work Australia will be able to change awards, set minimum wages, approve agreements and determine unfair dismissal claims. 

The aim is for all the old awards to finish and be replaced by Modern Awards on 1 January 2010.  A new miscellaneous modern award will cover employees who are not covered by any other modern award.

Employees’ minimum entitlements will be the better of the new NES and the old awards or collective agreements.

NATIONAL EMPLOYMENT STANDARDS

The 10 National Employment Standards (NES) will cover:

• Maximum weekly hours of work
• Flexible working arrangements
• Parental leave and related entitlements
• Annual leave
• Personal/Carer's/ Compassionate leave
• Community service leave
• Long Service leave
• Public holidays
• Notice and Redundancy pay
• Fair Work Information Statements

The Fair Work Information Statement  must be given to all new employees from 1 January 2010.

The Small Business Fair Dismissal Code needs to be followed for all small businesses (i.e 15 employees or less) and should also be used for large businesses as a guide.

Further information can be found on the Fair Work website at http://www.fwa.gov.au/ or phoning one of our team on 02 8745 3433.