Fair Work Act Review - first round of changes come into effect 1 January 2013

The Fair Work Amendment Act 2012  contains the first of legislative changes resulting from the 2012 review of the Fair Work Act.

Several of the changes  come into effect on 1 January 2013. In summary the main changes are:

  • Fair Work Australia will be renamed the Fair Work Commission
  • The time limit for employees to lodge unfair dismissal claims is increased from 14 days to 21 days
  • The time limit for lodging general protection claims is reduced from 60 days to 21 days
  • The Commission will be required to ensure that all modern awards include a default superannuation term, and conduct four-yearly reviews of default superannuation fund terms in awards (not to commence before 1 January 2014).

 Changes to Enterprise Agreements

  • enterprise agreements cannot be made with a single employee
  • a union official cannot act as bargaining representative for an employee unless the union has coverage to represent that employee
  • terms allowing an employee to opt out of an enterprise agreement are prohibited
  • a bargaining representative applying for a scope order need only take all reasonable steps to give notice to other bargaining representatives
  • employers cannot modify the notice of employee representational rights prescribed by the regulations.

For more information click here or call the AFEI Hotline on 02 9264 2000