New IR Laws
Fair Work Act 2009
From 1 July 2009 the following key provisions in the Fair Work Act 2009 came into effect:
- Introduction of Fair Work Australia and the Fair work Ombudsman;
- Unfair Dismissal and Fair Dismissal Code for Small Business;
- Collective Bargaining Framework;
- General Protections;
- Industrial Action;
- Right of Entry; and
- Transfer of Business.
From 1 January 2010 there are several important changes in Australia’s workplace laws that affect all employers and employees in the national workplace relations system.
National Employment Standards (NES)
The Fair Work Act provides a safety net of enforceable minimum employment terms and conditions through the National Employment Standards (NES).
The NES sets out 10 minimum workplace entitlements which apply to all employers and employees in the national workplace relations system from 1 January 2010 (however only certain entitlements apply to casual employees).
The NES replaces the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard), which applies up to and including 31 December 2009.
Modern Awards
Modern Awards and the NEW comprise the new minimum safety net to replace existing awards and statutory minimum standards, including Australian Fair Pay and Conditions Standard.
Fair Work Information Statement
From 1 January 2010, all employers covered by the national workplace relations system have an obligation to give each new employee a Fair Work Information Statement (the Statement) before, or as soon as possible after, the employee starts employment.
