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Australia\'s New IR Laws - A brief overview
- 1. Riding the IR Roller Coaster Presentation for The Gap Chamber of Commerce – 20 July 2009
- 2. Fair Work Act 2009 Rudd Government “Roll Back” of Work Choices Effective 1 July 2009 Some phasing in applied National Employment Standards and Modern Awards effective 1 January 2010
- 3. The New Scheme “makes collective bargaining the centrepiece of the new IR system........But importantly, it also enshrines the rights to union membership and representation” Jeff Lawrence, ACTU Secretary, 1July 2009 “while some companies are better prepared than others, there is a general sense of trepidation about what the changes will mean in practice” Heather Ridout, CEO AIG, July 2009
- 4. Definition of Small Business
- 5. Unfair Dismissal Laws “There’s literally hundreds of businesses that have been sheltered from the operation of these laws since March 2006. From next Wednesday, they are no longer in that position as they are again exposed to that jurisdiction” David Gregory, Workplace Policy Director, ACCI
- 7. Unfair Dismissal – The Pain Reinstatement can be ordered An order to restore lost pay Compensation Up to 6 months pay Much time, cost and effort to defend the claim Provision of evidence Presence at hearings if conducted Legal Advice
- 8. Increased Union Powers/Adverse Effects Right of Entry – Investigation, Discussion or OH&S Unions don’t need to be bound by award or agreement – only believe they have coverage in the workplace Employment records may be inspected. Privacy provisions for non members. Must give between 24 hours and 14 days notice to investigate breach or hold discussions
- 9. Adverse Effects “Learn how to use discrimination and harassment in the workplace as an organising opportunity” ACTU Website Advertisement “Probably the greatest unknown in the legislation......An employer is guilty until proven innocent” David Gregory, Workplace Policy Director, ACCI
- 10. Adverse Effects Adverse Effects (General Protections) The act introduces by example a list of events which could result in civil action by an employee or union against an employer if the person has exercised a workplace right Areas covered include freedom of association, unlawful termination, the right to refuse to work a public holiday, sham contracting, industrial action and discrimination. Reverse Onus of Proof
- 11. Modern Awards and National Employment Standards Modern Awards and NES will apply to all employees of “national system employers” from 1 Jan 2009 The two comprise the “2 Level Safety Net” Wages and Penalty Rates to be negotiated as part of the Modern Award process “No Detriment Rule” – basically you need to meet the minimum standards of the safety net There is to be a “catch all” modern award
- 12. The Minimum Standards of Employment Safety Net
- 13. What do you need to do? Look carefully at your award compliance Do you have employment contracts? Are they consistent with the legislation? Review your practices and systems – are they good enough to protect you in the case of an investigation? How are the new National Employment Standards going to effect you?? Do you need to change your practices?
- 14. We’re Only Starting The Ride! “Unions Defy PM Kevin Rudd’s restraint call as new IR era begins” The Australian, EwinHannan, July 2 2009 “No one can underestimate the degree of change the new law will bring...there is no doubt employers are going to face a very different industrial landscape with big increases in union power” Heather Ridout, CEO, AIG, June 27 2009
- 15. How can we help you? Compliance Review of Your Business! Includes: Initial visit to your workplace Completion of staff policies and processes checklist Review of one of your employment agreements Debrief visit and Written report on the above with recommendations $800 in value – YOURS for FREE! Available to members of the Chamber or to those referred by members of the Chamber
- 16. Questions?
- 17. Thank You For the opportunity to speak to you tonight..... People Drive Results – What’s driving your business??
Notes de l'éditeur
- About People SmartzPeople Smartz is committed to providing practical staff management solutions to business. We are not consultants but coaches – we assist you to achieve your business goals.People Smartz is a member of the HR Coach Network – Australia’s largest HR Coaching group. Focus on PeopleHR Coach members work closely with business owners, management teams with the aim of improving productivity, performance and profitability. Our ultimate aim is to ensure that your business is concentrating on STRATEGIC ACTION – that all staff are focusing their efforts on achieving your business strategy. Whether on an individual project or through the development of a comprehensive and tailored HR Plan, People Smartz will deliver through a professional approach designed to ensure you remain in control.
- The Fair Work Act introduces the following reforms: It enables a “One Stop Shop” for management of the industrial relations system called Fair Work Australia Introduces a 2-level safety net systemModernisation of Awards General Protections New Bargaining Framework concentrating on Good Faith Bargaining Changes to unfair dismissal, right of entry and transmission of business
- Unfair DismissalThe following exemptions may apply: 6 month qualifying period if you are not a small employer 12 month qualifying period if you are a small employer Award free employees earning greater than $100,000 Genuine Redundancy exemption is available with some limitationsCasual Employees can access Unfair Dismissal provisions of the act if they have more than 6 months service on a regular and systemic basis.Compliance with the Fair Dismissal Code provides an exemption for Small Business Employers.Claims will be heard by Fair Work Australia. This will be an informal process and a determination may be made without hearing.Employees have 14 days to lodge a claim for unfair dismissal.
- Right of Entry to Inspect RecordsThe act allows an employee organisation increased access to: investigate breaches of industrial law, awards and agreements hold discussions with members and potential membersInvestigate breaches of OH&SOrganisation does not need to be party to the award/agreement which applies to the employee only that they have the right to represent a person on the site.Organisation must give between 24hours and 14 days notice to investigate a breach or hold discussions. Adverse Effects (General Protections)These provide a range of protections to employees (and to a certain extent employers) making it unlawful to take “adverse action” if a person has or has exercised a “workplace right”Areas potentially covered under adverse effects are freedom of association, unlawful termination, the right to refuse to work a public holiday, sham contracting, industrial action and discrimination.
- To take advantage of this great offer, fill in the contact form provided in your kit to arrange for your review.
- Presented byTony PerkinsDirector People Smartz Pty Ltd