An Overview: Fair Work

 Key elements of the Fair Work Act 2009:

• Removes all Workplace Agreements (AWA's).
• Ensures that AWA's could not be made after the commencement date, and AWA's that are made and lodged before the commencement date, would continue to operate until terminated or rejected.
• Creates a new instrument called the Individual Transitional Employment Agreement (ITEA), during the transitional period until 31 December 2009 whilst award modernisation takes place.
• Ensures that ITEA's for existing employees, and employer and union collective agreements, could only commence operation after the Workplace Authority Director has approved them on the basis that they pass the no-disadvantage test.
• Introduces a legislated safety net of ten National Employment Standards (NES).
• Introduces a new part that deals with Award modernisation and Modern Awards.
• Replaces the old "Fairness Test" with the "No Disadvantage" test .
• Overhauls discrimination and unfair dismissal laws.
• Ensures that only workplace agreements, agreement variations and terminations that meet fundamental requirements (such as employee approval) come into operation.
• Abolishes the Australian Industrial Relations Commission and the Workplace Ombudsman and replaces it with two new organisations to regulate the system: Fair Work Australia and the Fair Work Ombudsman.

Who is covered by the Fair Work Act?

The Act is designed to have the largest scope possible. This is obviously restrained by the constitutional limits on the Commonwealth government's legislative power. If you are any of the following you will likely be subject to the Act:

• An incorporated entity - if you are a company that has "Pty Ltd" or "Limited" after your name you will be covered by the Act.
• Any organisation that works for the Commonwealth government.

If you'd like more information on how the new Fair Work system will affect you, please call us on 1300 QUINNS (1300 784 667) or +61 2 9223 9166 or complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry.