Welcoming in the New Year - More Changes to Fair Work Act

8th December 2013

Just when you thought is was safe to relax with family and friends over the Christmas and New Year period, a raft of changes to the Fair Work Act 2009 passed by the Australian Parliament before the election will commence on 1 January 2014. The changes impose further obligations on employers in the interests of ‘fairness’ but will do little to relieve the regulatory burden currently limiting innovation and flexibility in Australian workplaces. Each change is summarised below.

Modern Award Objectives and Penalty Rates

An amended modern awards objective will require the Commission to take into account the need to provide additional remuneration for employees working overtime, unsocial, irregular or unpredictable hours, weekends or public holidays, or shifts. This change has been designed to ensure penalties, loadings and allowances under modern awards are not reduced by the Commission in the 2014 Review of Modern Awards.

Consent Arbitration of General Protections and Unlawful Dismissal Disputes

Within 14 days after the day the Commission issues a certificate in general protections dismissal dispute or an unlawful termination dispute, the employer and employee may agree to have the dispute arbitrated by the Commission. This consent arbitration is an alternative to a Federal court application, which wil cost considerably more ot defend than the consent arbitration.

Consultation on Changing Hours of Work

All modern awards and enterprise agreements must contain a term requiring employers to consult with employees about changes to their regular rosters or ordinary hours of work. The Commission will have inserted the new obligation into the modern awards by 31 December 2013. The Commission has published a draft clause for consultation.

Workplace Bullying Disputes

As previously advised, the Fair Work Commission will have power to deal with complaints of workplace bullying. Complaints filed by employees can be against their employer and work colleagues. The Commission must deal with the complaint within 14 days of the date of the complaint.

Right of Entry by Unions

Where the employer does not agree with a union on arrangements for providing a suitable venue at a workplace to visit union members, the union will be entitled to use the employer’s lunch room. The Commission will have power to deal with disputes about the frequency of visits to workplaces by permit holders, and the Commission may deal with disputes about the new arrangements for provision of transport and accommodation to permit holders at remote workplaces.

Further information and advice please contact us