Fair Work Australia Bill – some elements

Wednesday 3 December 2008 

The job of analyzing the contents of this legislation has begun in earnest and no doubt the debate will rage between the various parties for some time to come. Some changes have been foreshadowed for July 2009, some six months ahead of the previously projected date of 1 January 2010.

 

However, here we look at one or two elements:

 

 

The intent is to change the current unfair dismissal laws around July 2009. The change will remove the existing exemption for businesses employing fewer than 100 employees, so that businesses employing less than 15 employees will be exempted for the first 12 months of the worker’s employment.   Businesses with 15 or more employees will be exempted for the first six months.

 

Additionally, a Code of Fair Dismissal will be implemented for small business to check off in order to ensure that an employee is fairly dismissed.

 

 

The process has begun in the establishment of new modern awards to replace existing Federal awards and State NAPSAs from 1 January 2010. The objective is to modernise awards, at the same time reducing the number of awards which will generally be along industry lines.

 

It is a mammoth exercise for the Australian Industrial Relations Commission (AIRC) within the time frame given by the Minister; however, the AIRC has progressed what are “priority” industries in Stage 1, with other industries listed in a staged progression.

 

Oil and gas has been listed at Stage 3, whilst private transport (non passenger) is listed under Stage 2. Members will be advised directly via email communication of the detail involved in our submission(s).

 

There is a great deal of information to absorb in this legislation and changes will no doubt be effected as it proceeds toward finality.

 

As mentioned at the recent ACAPMA Conference in Adelaide, we will be rolling out information sessions across the country once more detail is known, rather than confuse members with a piece meal approach.

 

One important element to the legislation is that a modern award will be struck for employees previously considered “award free” and will contain a safety net of conditions. However, such arrangements will not apply to employees earning more than $100,000 a year. Nevertheless, for small to medium businesses, one would imagine that this “ceiling” would have little application if at all.