Fair Work Act

On 1 July 2009, the Federal Fair Work Act 2009 commenced, replacing the Workplace Relations Act and "WorkChoices'.

It remains that Employers who are constitutional corporations come within the Federal workplace relations regime and they are now known as 'National System Employers'.  The Fair Work Act applies to these employers and their employees.

The Fair Work Act introduced numerous changes to workplace relations laws on 1 July 2009 which include, among other things:

• changes to unfair dismissal laws with a number of the exemptions that previously applied under WorkChoices being abolished
• the introduction of the Small Business Fair Dismissal Code which is to be applied by small business employers when dismissing an employee
• changes to workplace bargaining laws which require the parties to negotiate in good faith when negotiating an enterprise agreement
• changes to union right of entry laws
• changes with regard to transmission of business laws

From 1 January 2010 further changes will be introduced that will include, among other things:

• The National Employment Standard will replace the Australian Fair Pay and Conditions Standard and set new minimum entitlements for employees, including introducing the right to request flexible working arrangement in certain circumstances; the right to request extended parental leave and a legislated entitlement to a redundancy payment unless employed by a small business employer
• The "Better Off Overall Test" will replace the "No-Disadvantage Test" for assessing enterprise agreements
• the introduction of the new Modern Awards which replace awards as are commonly known to majority of employers.

Workplace relations laws can be complicated and confusing, particularly given they are constantly changing. Aitken Legal can help you, as an Employer, to understand these new laws. We can also assist you to determine if the Fair Work Act applies to your workpalce and if so, how it applies and what you need to do to be compliant.