The World According to Cachia

Effective 1 July 2009, the Fair Work Act became operational and although there were no ‘fireworks’ the effects of this new piece of legislation will be realised in the workplace.

I have been told by colleagues in the legal fraternity, that the new workplace system is not a huge shift from the former, however the Fair Work Act does have a number of sections that are fundamentally different, for example:-

          - Unfair Dismissal provisions,

          - Workplace Rights, such as Freedom of Association and Anti-Discrimination;

          - The inclusion of Termination and Redundancy provisions;

          - The right to request Flexible Working arrangements; and

          - Bargaining in Good Faith;

Furthermore, the 1^st of July ushers in the introduction of Fair Work Australia. This Government body, presented as an independent umpire, will provide advice and assistance with regards to employment terms and conditions in relation to the adherence of the provisions of the Act… as well; Fair Work Australia will assess and decide upon minimum wage decisions.

With the introduction of the Fair Work Act, some employers may be unsure what this means to them… it is important that Managers are aware of and understand the legislative rules with which they employ their staff and thus maintain the employment relationship accordingly.

If Companies have previously negotiated agreements, that were lodged/ratified prior the 1^st July 2009, these agreements and their terms & conditions, will continue until they expire… of course those employed under ITEA’s will have until 31^st December 2009, when these agreements cease to operate.

Organisations employing staff under [relevant] industry Awards should consider what implications the ‘Modern Awards’ will have on their business and maybe even consider whether it’s time to start negotiating their own Enterprise Agreement.