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IMPORTANT RECENT DEVELOPMENTS

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IMPORTANT RECENT DEVELOPMENTS

Updated Fair Work Information Statement

Employers are required to provide a Fair Work Information Statement to all new employees.  The document has been updated from July 2010 and employers should ensure they are providing the updated version to new employees.  It can be downloaded from www.fwo.gov.au or by contacting our office.  The changes to the statement are minor in nature.

 
 
IMPORTANT MODERN AWARD ISSUES
Most employers will now be aware, or starting to realise, that the industrial landscape has changed significantly since 1 January 2010.

 

Of most importance (apart from complying with the National Employment Standards) is the role of modern awards in the employment relationship.  Employers should be aware that:
 
WELCOME TO THE NES AND MODERN AWARDS
Happy new year and welcome to the world of Fair Work.  The second half of the new laws, namely the National Employment Standards and modern awards, came into effect from 1 January 2010.  It is important that employers quickly become familiar with their new obligations.
 
ARE YOU READY FOR 1 JANUARY 2010?

The new federal Fair Work regime will be fully implemented from 1 January 2010 with the commencement of the new National Employment Standards (“NES”) and modern award system.  Organisations should ensure they are prepared.

 

Employment agreements and policies and day to day practices should reflect the NES and modern award requirements from that date.  Organisations should be particularly aware of the detail of the NES which replace the current Fair Pay and Conditions Standards, eg the provisions for cashing out annual leave and requests for flexible working arrangements. 

 
 
NEW FAIR WORK GENERAL PROTECTIONS/ADVERSE ACTION PROVISIONS
The Fair Work Act has introduced a new scheme of general workplace protections which means that it will be more important than ever for employers to:

·       keep a paper trail of decisions and reasons for decisions affecting employees; and

·       ensure that prohibited grounds do not form part of any workplace decision.

 

Under the old Work Choices legislation, employee rights to take legal action, other than for unfair dismissal, were largely restricted to:

·       “unlawful dismissal applications” if employment was terminated for reasons including a prohibited reason such as age, race, sex etc; and

·       “freedom of association” provisions to protect employees from adverse treatment because they were or were not a member of a union.
 
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