Changes to Workplace Relations in 2009

Significant changes in the law governing workplace relations commence in 2009.

The changes introduced under the Federal Government's Fair Work Bill 2008 (Cth) (the Bill), will take effect on 1 July 2009, with the exception of the national employment standards and modern awards which are projected to commence on 1 January 2010.

As foreshadowed in the 2007 election campaign, Labor has undertaken a major overhaul of the Workplace Relations Act and, in so doing, has restored a number of protections to employees which had been removed or eroded under WorkChoices. The Bill establishes Fair Work Australia (FWA), enshrines ten minimum employment standards, opens up access to unfair dismissal protection, and gives a greater role to the unions in enterprising bargaining and access to the workplace.

The process of reviewing and simplifying awards is already underway. The resultant modern awards will provide a safety net for wages and entitlements, provide dispute resolution procedures, and contain flexible working arrangement provisions. The aim is to create a comprehensive set of awards which are simple to understand.

The Bill establishes collective or enterprise bargaining as the predominant means of making workplace agreements. It reinstates unfair dismissal rights for many employees previously excluded under WorkChoices.

A more detailed article will appear on this website shortly.