John Murray and Tony Johnston

1. Compliance with Fair Work Act and Registered and Licensed Club Award 2010 and Notes on Bullying, Harassment and Armed Robbery John Murray and Tony Johnston

2. Fair Work Act 1 July 2009 Fair Work Act commenced • New unfair dismissal regime / General Workplace Protections • New Right of Entry regime • New “Good Faith Bargaining” regime • Fair Work Australia up & running • Abolishment of individual statutory Agreements 1 January 2010 • Modern Awards commence (in part) • NES (National Employment Standards) commences • Transition arrangements apply to ensure no employee disadvantaged

3. Fair Work Act 1 July 2010 - Changes • Transitional Provisions commence for Registered and Licensed Club Award 2010 – Specified wages and conditions to take effect • Minimum wages • Casual and part time loadings • Saturday, Sunday, public holidays, evening and other penalties • Shift allowances (i.e. broken night shift penalty/allowances) • Fair Work Australia may make “take-home pay” orders where reduction in “take home” pay arises due to award modernisation process.

4. Registered & Licensed Clubs Award 2010 Modern Award • Club Employees (State) Award • Club Managers (State) Award National Employment Standards (NES) • Maximum weekly hours • Annual leave • Personal/Carer’s leave and compassionate leave • Parental leave • Public Holidays • Flexible working arrangements • Notice of termination and redundancy • Long service leave • Community Service Leave • Fair Work Information Statement

5. Modern Award Compliance • High income guarantees - s.330 of the Fair Work Act • Individual Flexibility Agreements (per Clause 7 Modern Award) • Enterprise Agreements • Award/Transitional Arrangements • Ensure classifications and new transitional calculations are ready for July 1 • How will you deal with employees currently on exemptions? • Disparity between terms and conditions for new and old employees? • How will you deal with any decreases in pay/subsequent “take home” pay orders?

6. Enterprise Agreements • Statutory agreements lodged with and approved by Fair Work Australia • Onerous filing and approval procedure • Underpinned by minimum entitlements in NES/Award • “Boot Test” – need to satisfy • “Good Faith” Bargaining • Use to clarify uncertainty surrounding transition/introduce incentives/mitigate against risk of decreasing wages and conditions.

7. Bullying & Harassment • What is bullying and harassment? • Recent decision – Bailey v Peakhurst Bowling & Recreation Club Ltd [2009) NSWDC 284 (NSW District Court, Levy SC DCJ, 3 November 3009) • Importance of employment policies and procedures • Importance of OH&S – policies and procedures • Importance of training • Who is responsible for compliance?

8. Armed Robbery • There has been an increase in the incidence of armed robbery • Significant physical and psychological harm on staff involved • Employer has duty of care to ensure health, safety and welfare of all employees s.8 OH&S Act 2000 • Risk management – take steps to mitigate against risk • Education and training • Operational procedures following a robbery • Monitor/audit function • Public relations/communication with media

9. Level 2, 491-493 Elizabeth Street SURRY HILLS NSW 2010 T: (02) 9698 3939 F: (02) 9699 3889 E: john.murray@eclawyers.com.au E: tony.johnston@eclawyers.com.au W: www.eclawyers.com.au