As of 1 July 2009, employers and employees may be subject to a new national workplace relations system. If you are an employer in the federal system, it’s important for you to be aware of and comply with the Fair Work Act 2009.
Fair Work Australia
The Fair Work Act 2009 provides for the establishment of Fair Work Australia. Along with the Office of the Fair Work Ombudsman, Fair Work Australia will replace the seven existing workplace relations agencies and oversee the new national workplace relations system.
Fair Work Australia will take on a number of powers previously held by other workplace relations agencies including:
- varying awards
- making orders on matters such as minimum wage, good faith bargaining and industrial action
- approving agreements
- determining unfair dismissal claims.
Minimum employment conditions
From 1 January 2010, there will be changes to minimum employment conditions. A new set of awards are being introduced to streamline and simplify thousands of industry and occupation based awards. Ten National Employment Standards will also be established, covering the following essential employment conditions:
- maximum weekly hours of work
- the right to request flexible working arrangements
- parental leave and related entitlements
- annual leave
- personal/carer’s leave and compassionate leave
- community service leave
- long service leave
- public holidays
- notice of termination and redundancy pay
- provision of a Fair Work Information Statement, which will detail the rights and entitlements of employees under the new system and how to seek advice and assistance.
Collective bargaining
Under the new system, there will be no need for formal notification before an employer and their employees commence bargaining. In most cases the parties can simply agree to negotiations in order to create an enterprise agreement.
