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Fri, 12 Mar 10
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The Workplace Ombudsman has publically supported employers who belong to an employer association, saying

"the sound advise provided by employer associations to members is the best insurance policy against intervention by IR enforcement agencies"

Ashfield Business Chamber is a member of the NSW Business Chamber - it pays to belong


Fair Work Bill 2008
NSW Government Response to NSW Job Summit 

 

The 10 Commandments: The Fair Work regime as proposed will set 10 national standards

 


Quick summary of major changes arising from Fair Work

The Australian Retailers Association has put out a summary of the significant changes that the new Fair Work (FW Act) mandates from the start of this financial year. It has provided a handy rundown of the features of the new workplace relations system which now apply to employers including:

  1.  "Genuine Redundancy": The FW Act dispenses with the "genuine operational reasons" exemption to unfair dismissal. In situations of "genuine redundancy" employers are now required to comply with consultation obligations and a requirement to consider redeployment opportunities; 
  2. New time limit for bringing unfair dismissal claims: The new time limit for bringing an unfair dismissal claim is now 14 days from the date of termination;
  3. New "small business" definition: From today to 31 December 2010, the definition of a small business employer for the purpose of exemption from Unfair Dismissal is an employer with less than 15 employees on a "full time equivalent basis". This is a significant change from the previous system which excluded any business with less than 100 employees from bringing an unfair dismissal claim;
  4. Small Business Fair Dismissal Code: This code now applies to small business employers, and if followed is intended to ensure that a dismissal is fair and cannot be contested; 
  5. New Terminology and Bargaining Stream: The new terminology of "enterprise agreement" now applies, and new agreements will be either single-enterprise agreements, multi-enterprise agreements or union greenfields agreements;
  6. Good Faith Bargaining: Employers and bargaining representatives are required to bargain in "good faith", which includes the requirement to avoid "capricious or unfair conduct that undermines freedom of association or collective bargaining";
  7. New Transfer of Business provisions: The new and broader concept of "transfer of business" concentrates on the nature of the work being transferred, rather than the passing or transmission of an actual "business", and applies to a wider variety of in-sourcing and out-sourcing transactions; 
  8. Unions as default bargaining representatives: Under the FW Act, if an employee is a member of a union, that union will be the default bargaining representative of each employee for the purpose of bargaining unless the employee expressly appoints an alternative bargaining representative;
  9. Changes to Right of Entry Laws: The FW Act significantly enhances the powers of unions to enter a workplace to investigate suspected breaches of workplace obligations or to hold discussions with employees; and
  10. New Institutions: Fair Work Australia is now open for business as the new "one stop shop" to oversee the new workplace relations system, and the Fair Work Ombudsman has replaced the Workplace Ombudsman.

Further significant changes to the national safety net and award system due to commence on 1 January 2010. For more information, go to www.fairwork.gov.au  or telephone Fair Work Infoline 131 394