29/07/2009

The Fair Work Act was passed by the Federal Parliament to replace the majority of the Work Choices legislation brought in by the previous Liberal government, but how will the changes affect your small business.

 

Parts of the Fair Work Act came into effect on 1 July 2009 with other parts to commence on 1 January 2010.  Some of the major changes to the employment laws include:

 

1.             The establishment of the Fair Work Australia governing body and its roles

·               approval of enterprise agreements

·               workplace determinations

·               unfair dismissal claims

·               unlawful termination claims

·               industrial action

·               dealing with disputes

·               mediating proceedings

·               any other function conferred by a law of the Commonwealth

 

2.             The establishment of 10 National Employment Standards (NES)

·               Maximum weekly hours

·               flexible working arrangements

·               parental leave and related entitlements

·               annual leave

·               personal/carers’ leave and compassionate leave

·               community service leave

·               long service leave

·               public holidays

·               notice of termination and redundancy pay

·               Fair Work Information Statement

 

3.             Unfair dismissal law changes

·               Introduction of Small Business Fair Dismissal Code

·               Repeal of the 100 employee exemption that was provided under Work Choices

 

4.             The new transfer of business rules affecting employee entitlements

·               Consideration of the transfer of assets, outsourcing and related entity transfers

 

To keep clients up to date Townsends hosted a seminar in early July which provided details of some of the changes that will affect small business employers.  A copy of the paper and slide presentation can be purchased from our office for a fee of $55.00 for SUPERCentral users and $110.00 for non-SUPERCentral users.  If you would like a copy of the paper please contact our office.

 
If you otherwise have any questions in regard to employment law, please contact TOWNSENDS BUSINESS & CORPORATE LAWYERS on (02) 8296 6222.