New 'Fair' Work Laws

 

 

 

There is now an obligation for employers, including bargaining representatives to engage in ‘good faith bargaining’ with employees when negotiating enterprise agreements. An important note for employers is that good faith bargaining does not necessarily mean having to make concessions or agree with terms suggested to be part of an agreement. 

 

Rather, good faith bargaining requires that employers and bargaining representatives to meet the following criteria:

 

 

There are significant changes in the area of unfair dismissal. Therefore it is particularly important for employers and employees to be aware of the revised rules relating to coverage and eligibility requirements in relations to unfair dismissal.

 

First, the employer must provide the employee with written notice of termination of employment before termination occurs. 

 

Secondly, small businesses will no longer be exempt from having unfair dismissal claims brought against them. In some circumstances, where a business has 15 or fewer employees, an employee may be eligible to bring an action for unfair dismissal if the employee has been employed with the business for a minimum of 12 months. In businesses that have more than 15 employees, an employee may be eligible to bring an action against the employer if they have been employed with the business for more than 6 months. 

 

Furthermore, casual employees are no longer prevented from bringing an action against an employee merely because they are employed in a casual role.

 

Thirdly, it is important to note the introduction of ‘general protections’ for employees. The Fair Work Act states that a person (including an employer) must not take adverse action against another person, because the other person:

 

 

The definition of 'adverse action' includes refusing to employ a person, dismissing an employee, discriminating against them or otherwise injuring them in their employment. A common example of 'adverse action' would be demotion.   

 

Further changes and amendments under the Fair Work Act are due to commence in January 2010. These changes include the introduction of National Employment Standards and a new process for the determination of minimum wages.

 

 

There are 10 minimum national employment standards that will apply to all employees, these are:

 

 

As at 1 January 2010, Fair Work Australia ("FWA") will be the new body that will determine minimum wages. FWA will conduct an annual review of minimum wages each year with the first minimum wage decision under modern awards due to commence on 1 July 2010.

 

It is clear that the new laws offer revised protections for employees and new obligations for employers. As a result, it is very important for employers to be aware of their obligations when dealing with their employees under the new system. If you require further information regarding your rights at work or your obligations to employees please do not hesitate to contact us on 9635 8266 or connect@champion.com.au.

 

 

 

ANDREA CARNUCCIO

 

 

ENZA IANELLA