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Work Choices turns one

Work Choices turns one. HR Summit 07 David Parker, Partner 16 May 2007. 202384366. Overview of Seminar. What will be covered: Unfair Dismissal Minimum Conditions and Record Keeping OWS Prosecutions Industrial Instruments Bargaining and Industrial Action Future Directions.

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Work Choices turns one

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  1. Work Choices turns one HR Summit 07 David Parker, Partner 16 May 2007 202384366

  2. Overview of Seminar What will be covered: • Unfair Dismissal • Minimum Conditions and Record Keeping • OWS Prosecutions • Industrial Instruments • Bargaining and Industrial Action • Future Directions

  3. Overview of Seminar What will not be covered: • Transitional Provisions • Dispute Resolution • Rights of Entry • Freedom of Association

  4. Unfair Dismissal Exempted from unfair dismissal laws: • Employees engaged for less than 6 months • Seasonal employees • 100 or fewer employees • Genuine operational reasons • Carter v Village Cinemas

  5. Unfair Dismissal Other Issues: • Unlawful termination • Prohibited reasons • Common law actions • New legal principles • Discrimination claims

  6. Unfair Dismissal ALP Policy - "Forward with Fairness": • 15 or more employees and employed for at least 6 months • 15 or less employees and employed for at least 12 months • Earnings of less than $98 200

  7. Minimum Conditions Australian Fair Pay and Conditions Standard: • Base pay • Maximum hours of work • Annual leave • Personal leave • Parental leave • Cashing out leave

  8. Minimum Conditions ALP Policy - "Forward with Fairness": • New Safety Net • 10 new national employment standards • 10 minimum employment standards in awards

  9. Minimum Conditions Other entitlements under WRA: • Notice • Meal breaks • Public holidays

  10. Record Keeping • Original requirements • Developments • New requirements less onerous

  11. Office of Workplace Services Underpayment of Employees: • Snowline Hotel • POW Juice • Brochure Flow • Project Aircon

  12. Office of Workplace Services Failure to co-operate with Investigation: • Club Hotel and Granada Tavern Failure to pay redundancy entitlements: • Tri-star

  13. Office of Workplace Services Strike Pay: • Heinemann Electric Scrutiny of agreement-making: • AC & MS Services • Approval of cleaning agreement by administrative staff

  14. Office of Workplace Services Duress in relation to AWAs: • Ten Talents • BP Australia

  15. Industrial Instruments Transmission of Business: • When is there a transmission? • Who is a transferring employee? • Transmission of instruments: • Collective Agreements • Awards

  16. Industrial Instruments Transmission of Business: • Notification Requirements • Notice Requirements and Enforcement • Parental Leave

  17. Industrial Instruments The future: • New Fairness Test: • Protected award conditions • Earnings of less than $75 000 • Lodged on or after 7 May 2007 • AWA duress

  18. Industrial Instruments The future: • ALP Policy - "Forward with Fairness": • AWA's to be abolished • Importance of collective agreements

  19. Bargaining and Industrial Action Protected Industrial Action: • Bargaining Period • Secret Ballots • Not genuinely trying to reach agreement • Pattern bargaining • Notice of action

  20. Bargaining and Industrial Action • Prohibition on Strike Pay • Unprotected Industrial Action

  21. Future Directions • Change of government? • ALP Policy – "Forward with Fairness": • Unitary System • Freedom of association and the role of unions • Fair Work Australia

  22. QUESTIONS?

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