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1.
2. Where are we heading?
Need to have some idea of where we have come from
Need to understand some of the issues previously canvassed
3. Key Employment Law Industrial Relations
Workplace health and Safety
Discrimination
Workers Compensation
4.
5. Fair Work Act 2009
Why Fairness ??
Criticism that individual bargaining produced unfair outcomes and caused compromisation of workers rights and entitlements
Need to establish a platform of statutory minimum entitlements for all employees
6. The Key Principles Less emphasis on “one on one bargaining” and more emphasis on collective bargaining
Increasing number of statutory minimum entitlements
Access to Unfair dismissal for small business (>15 people- after 12 mths)
Streamline dispute resolution processes
7. What employers and employees does the FW Act cover?
All private sector workers
Commonwealth and territory workers
Nb State Government and Local Govt employees covered by state systems.
8. Some Oz History Australia was invaded by British in 1778
A number of separate colonies (states) formed eg QLD, NSW
Federal Constitution 1901 -Meant had one lot of laws for whole of Australia and then separate State laws
Introduction of basic wage for workers
Basic wage + skills (margins 1952)
3 tiered system (add on industry payments)
Total wage concept (1972)
The ACTU /Govt Prices and Incomes Accord 1983
Enterprise bargaining 1991
9. MAIN ASPECTS OF FAIR WORK LAW
the National Employment Standards (NES)
Modern Awards
Minimum Wages and
General Protections
11. Employees Entitlements & Protections Minimum Wages
Fair Work Australia (FWA) must annually undertake an annual wage review
It must
review minimum wages and may set, vary or revoke modern award minimum wages and
review the national minimum wage order and make a new national minimum wage order
12. Collective Agreements
Employers and employees can make
single-enterprise agreements and
multi-enterprise agreements
13. Collective Agreements
FWA must approve agreements before they can commence
The Agreement must pass the Better Off Overall Test (BOOT) before it can be approved
Commence 7 days after approval
14. Collective Bargaining Good Faith Bargaining
Bargaining representatives for proposed agreements must bargain in good faith
This involves
attending and participating in meetings at reasonable times
disclosing relevant information in a timely manner
15. Collective Bargaining Workplace Determinations
FWA can make workplace determinations to settle terms and conditions in some circumstances
FWA can make
- low-paid workplace determinations
- industrial action related workplace determinations and
- bargaining workplace related determinations
16. Industrial Action Protected industrial action is where employer given 72 hours notice and can only be taken during bargaining for enterprise agreements and not before nominal expiry of enterprise agreement
17. Rights of Entry Permit-holders rights of entry have been expanded to permit
entry for the purpose of holding discussions with employees at any workplace whose industrial interests the permit-holder's union can represent and
inspection of all relevant documents relevant to a suspected contravention
18. Fairness at Work Some practical examples of how the issues will be explored……………….
19. Hours of Work Principles for maximum hours (38 per week)
Capacity for employer to request reasonable additional hours – subject to employee agreeing and not being unreasonable
How do you know what extra reasonable hours will be??
Health and safety
Personal circumstances
Needs of workplace
Whether additional remuneration paid
20. Flexible Working Arrangements
Employee who is a parent or has a responsibility for the care of a child
Requests from employees to alter the way they work
Business grounds v Personal grounds
21. Parental leave and return to work Planning for changes
Normally employed for 12 months before leave can be sought
Return to work
Notion of safe job
22. Annual Leave
4 week entitlement
Cashing out provisions within awards (up to 2 weeks)
23. Personal carers leave Impacts of an ageing workforce
Who is family, who is a carer and who is sick
Medical certificates v “take my word for it”
24. Termination, change and redundancy Reinforcement of basic entitlements
Clarifying how to terminate lawfully
Obligation to pay mandatory entitlement and to give minimum periods of notice
Obligations to consult
25. Fair Work Information Statement
An information sheet to be provided to new employees
Setting out the basic entitlements and information directing employees to where to get help
Fair Work Australia
26. Award Modernisation
27. What is an award ? It is a bit like Wages Regulation Order
Covers specific issues about wages and working conditions
Identifies coverage
Classifications
Hours and Arrangements
Penalties etc
28. The Major List of Awards
Coal Mining Retail
Glue and gelatine Rubber, plastic etc
Higher Education Security
Hospitality Textile and Clothing
Metals & Assoc Industries Vehicle Manufacturing
Mining
Private sector clerical occupations
Racing
Rail
29. AWA-reliant employees by industry
30. Role of Award Flexibilty Provisions in Awards An award flexibility allows departure from the standard award arrangement provided that there is agreement between an individual employer and an employee, or the majority of employees, in the enterprise or part of the enterprise concerned.
Generally an award will determine the scope of that flexibility – that is the boundaries in which people can negotiate within
31. What are unfair dismissal laws? Commenced in 1994 because recognised needed a cheap way of protecting rights of workers
Designed to be initially quick flexible informal and provide people access to tribunals when unfairly treated at work
emphasis on reinstatement (but this is a bit of a dream)
32. Minimum employment period
12 months for Small Businesses (< 15 employees)
6 months for others
When “notice” given important
33. What is an unfair dismissal?
Dismissed
It was harsh unjust or unreasonable
Not consistent with SBFDC
Not a genuine redundancy
34. Not dismissed if… Fixed term
Specified task
Seasonal employees
Demotion (salary or duties)
NB. Usual risks apply to fixed term employees
35. THE FUTURE
How can we measure whether the workplace will be fairer etc?:
36.
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