Home' InDaily : October 23rd 2009 Contents In July this year, the Rudd government introduced
the Fair Work Act 2009 (www.fairwork.gov.au)
which replaced all previous national workplace
relations systems e.g. WorkChoices. The Act has
been designed to cover the majority of Australian
workplaces whether they're small or large,
Some of the key elements affecting
business, effective January next year will
be new minimum employment standards
that all employers and employees will be
covered by. These are called the National
Employment Standards (NES). These new
standards cover conditions such as an
employee's maximum weekly hours; flexible
working arrangements; parental leave (and
related entitlements); annual leave; personal/
carer's leave; community service leave; and
long service leave just to name a few.
Another change under the Fair Work Act
2009 is the modernisation of awards (Modern
Awards). These awards are designed to
regulate minimum terms of employment
by covering employees through either the
industry they work in, or by occupation-based
replacing most existing awards.
Qest Human Resources is encouraging all
organisations to act now, and is currently
working with its clients to ensure a smooth
transition of the Fair Work Act 2009
legislation into their businesses.
Changes to Unfair Dismissal, Unlawful
Termination and Termination of Employment
in the workplace came into effect in July
as well. These laws will allow employees
to make unfair dismissal claims dependent
upon the size of the organisation and length
All collective bargaining agreements will
have to pass the BOOT (Better off Overall
Test), before being approved by Fair Work
Australia. This means that employers need
to 'prove' that every employee is 'better off'
with new collective enterprise agreements.
The new Act could only affect a business
minimally or it may have significant impact
on Human Resources such as changing
current policies/procedures and re-training
management on what is acceptable under
the new legislation.
Amy Arcangeli, Senior HR Advisor, Qest
Human Resources -- (08) 8440 2434,
Deputy Prime Minister Julia Gillard at the Fairwork
Australia inugural sitting.
Fair Work Act 2009 - How it'll impact Employers
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