It's here! Fair Work Australia and unfair dismissal—are you ready?

The new industrial regime of Fair Work Australia started on 1 July. The changes include a new law, the Fair Work Act, and new institutions such as Fair Work Australia and the Fair Work Ombudsman. This has been more than a rebranding exercise for the Federal Government and the Fair Work Act makes changes that significantly reduce flexibility for employers and increase the rights of employees. For business these changes are less 'Forward with Fairness' than 'Back to the future' as they revive a number of damaging workplace arrangements from the past including collective bargaining and unfair dismissal.
Read more »

Federal minimum wage rates unchanged

The Australian Fair Pay Commission (AFPC) decided not to increase minimum wages in its fourth and final minimum wage decision on 7 July.

We support the decision of the AFPC, which was made in response to the continuing, uncertain economic conditions. The decision means that the standard Federal minimum wage remains at $14.31 per hour or $543.78 per week. Read more »

back to top

Workers compensation and accrual of leave under Fair Work

New Fair Work laws relating to employee's minimum entitlements to leave will start on 1 January 2010. As part of the National Employment Standards (NES), these entitlements can't be displaced by any other agreement. Here we consider the specific issue of the accrual of annual leave and personal carer's leave under Fair Work while the employee is absent while receiving workers compensation.
Read more »

back to top

Help from the hotline—When is summary dismissal appropriate?

Under the new Fair Work laws employers continue to be required to give their employees notice, or pay them compensation instead of notice, if they plan to terminate their employment. Summary dismissal, which is dismissal without notice, is reserved for serious transgressions that effectively destroy the employment relationship.
Read more »

back to top

Record keeping requirements under Fair Work

An employer's obligations in relation to employee records and pay slips under the new Fair Work Act and regulations are similar to those under the old law, with some small differences.

Members should note that:

• From that start of 2010 you must record your Australian Business Number on employee records and payslips.
• If you reach agreement with an employee on a written individual flexibility arrangement, you must keep a copy of the agreement. When it ends you must also keep a copy of any notice or agreement that terminates the arrangement.
• If you give a guarantee of annual earnings under the Act, you must also keep a copy of the agreement and when the guarantee is revoked, a record of the date. Read more »

back to top

Modern awards—restaurant and catering industry

Julia Gillard, Federal Minister for Employment and Workplace Relations, has asked the AIRC to create a separate modern award for the restaurant and catering industry. Read more »

back to top