December
2008
This December newsletter canvasses, in overview,
the Fair Work Bill which replaces the WorkChoices reforms of the Howard Government.
No business in Australia can afford to ignore this key reform which was a
fundamental electoral tenet of the Rudd Labor Government.
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It has been 12 months in the
making but the Rudd Government has now presented its Fair Work Bill
(Bill) containing the election promise to re-write the workplace
relations landscape. There are not many surprises in the Bill and
employers will be aware from previous bulletins of the primary features
and changes. Read more »
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The Bill creates a central
empire, Fair Work Australia (FWA),
for ensuring compliance with provisions of the Bill once they come into
operation and for dealing with disputes and advice. Read more »
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The Bill creates a new system
of industrial instruments that protect the minimum entitlements of
employees and set the terms of their employment Read more »
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Once established by the AIRC,
FWA will have the power to make, vary and revoke modern awards. Read more »
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The Bill will require employers
to inform employees of their right to be represented at the
commencement of bargaining. If a majority of the employees wish to
collectively bargain, an employer will be required to bargain with them
and their representative (usually a Union). Read more »
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The Transmission of Business
rules are some of the most surprising in the new Bill. Read more »
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The Bill has maintained the same
features contained in the current Act regarding what is considered
unfair dismissal, however a ‘genuine redundancy’ provision in the Bill
has replaced the ‘operational reasons’ exemption in the Act. Read more »
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In relation to rights and responsibilities,
the Bill mirrors much of the current legislation but there are some
important changes. One of the most important new provisions relates to
a general protection against what is called adverse action.
Read more »
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The Bill makes good the Federal
Government’s promise to legislate a new Federal industrial system.
Read more »
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Please contact our Workplace Relations & Safety
experts below for further information on any of the topics covered in
this e-Newsletter.
Kind regards,
HWL Ebsworth Lawyers
Workplace
Relations & Safety Group
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Disclaimer
The information provided in this document is in summary form and is
designed to alert clients to developments of general interest.
The information is not comprehensive, is not
offered as advice and should not be used to formulate business or other
fiscal decisions.
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