The New Fair Work Act 2009 Signifies Changes to All Areas of Employment Law

The Fair Work Act 2009 came into effect on 1 July 2009. There are changes in all areas of employment law however the following will have the most significant impact:

• Unfair dismissal: Employers of less than 15 employees will be protected if they comply with the Small Business Fair Dismissal Code.
• Transmission of business: Significant changes when a sale of business takes place mainly designed to protect the existing terms and conditions of transmitted employees.
• Union right of entry: Unions have right of entry into any workplace where they are entitled to represent an employee (24 hours notice is required) and broad access to records.
• Agreement making: A new “Better Off Overall Test” will be used when comparing the Agreement with the relevant Award and “good faith bargaining” obligates an employer to bargain.
• Industrial Action: A secret ballot and notice is required.
• Employee Records and Payslips: Must keep all employment details recorded for 7 years and employees must receive detailed pay slips (templates are available on request).
• Modernised National Awards and ten (10) National Employment Standards (NES): Take effect on 1 January 2010. Redundancy Pay will be legislated.
• Compliance and Enforcement: Penalties of up to $6,600 for an individual or up to $33,000 for employer per breach of the NES, awards or agreements. The Fair Work Ombudsman will have the power to investigate and prosecute.

We do not charge for time spent on initial enquiries, so feel free to call a member of our Employment Law Department about any employment issues that arise.