Transcript Slide 1

Fair Work Australia
A presentation to
Macarthur Accountants Discussion Group
By Geoff Lloyd
3 March 2010
CALDWELL MARTIN COX
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WHAT WE WILL COVER IN THIS
PRESENTATION
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A NUMBER OF CHANGES
2 key dates- 1 July 2009, 1 January 2010
Brief historical overview
Unfair Dismissals
Other similar remedies
“Adverse Action”
National Employment Standards & Modern
Awards
A (very) Short History of Australian
Industrial Relations Law
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1901-Federation- Commonwealth Parliament
given a number of specific grants of power
including to make laws for Conciliation and
arbitration for the prevention and settlement of
industrial disputes extending beyond the limits of any
one State :51 (xxxv)
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1904-Commonwealth Court of Conciliation and
Arbitration established to resolve industrial disputes
which extended beyond the limits of any one state
Disputes within states resolved at state level
A (very) Short History of Australian
Industrial Relations Law
1996- Howard Government starts process of reform -introduces Workplace Relations Act, establishes
Australian Industrial Relations Commission (AIRC)
1996-Victorian State Government refers most of its
industrial relations powers to the Commonwealth
Government,
2006- Workchoices introduced:
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Government relies upon 51 (xx) of the Constitution
…. trading or financial corporations formed within the limits of
the Commonwealth
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100 employee limit for unfair dismissals
AWA’s introduced
Survives High Court challenge
A (very) Short History of Australian
Industrial Relations Law
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1 July 2009 Fair Work Act came into force
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Government still relies upon 51 (xx) of the Constitution
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Workchoices repealed but only for conduct after 1 July 2009
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Fair Work Australia established takes over roles of
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AIRC
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Workplace Ombudsman
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Workplace Authority
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Australian Fair Pay Commission
(NB some of these bodies have a limited continuing role)
1 January 2010 - Award modernisation process completed
-National Employment Standards now applies to all employees
A (very) Short History of Australian
Industrial Relations Law
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State referrals
Legislation has been passed in New South Wales,
Queensland, South Australia, Victoria and Tasmania
(Referring States) to refer the majority of their power
to legislate on industrial relations to the
Commonwealth
The effect of the legislation is that, in general, the FW
Act will apply to all employees in the Referring States
with the exception of certain groups of people. In
general those employees who will not "transfer" into
the Federal system are politicians and those employed
in the public sector, judiciary, law enforcement and
local government (other than Victoria).
A (very) Short History of Australian
Industrial Relations Law
State referrals
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The legislation that has been passed by each of the Referring States also
allows these States to revoke the referral of their industrial relations
powers in certain circumstances in the future, that is to reverse the effect
of this legislation such that the affected employees would be once again
subject to a State system
The referral of powers by the Referring States to the Commonwealth
generally does not impact on other employment legislation in place in
each of the Referring States dealing with matters such as:
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discrimination
workers' compensation
Long service leave
occupational health and safety, although the harmonisation process is
continuing
training arrangements such as traineeships and apprenticeships.
FAIR WORK AUSTRALIA
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Fair Work online- see www.fairwork.gov.au
“There are 2 organisations in the new national workplace relations system. They are
the national tribunal, Fair Work Australia, and the Fair Work Ombudsman.
Fair Work Australia is the national workplace relations tribunal.
It is an independent body with power to carry out a range of functions relating to:
the safety net of minimum wages & employment conditions
enterprise bargaining
industrial action
dispute resolution
termination of employment
other workplace matters.
The Fair Work Ombudsman works with employees, employers, contractors and the
community to promote harmonious, productive and cooperative workplaces. The Fair
Work Ombudsman:
provides advice and education on Australia’s workplace laws
monitors compliance and investigates contraventions of national workplace laws
publishes information on workplace rights and obligations
provides tools and information for small businesses.”
DISMISSING EMPLOYEES
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Before Workchoices:
Choice of 2 jurisdictions
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State - Industrial Relations Commission if state award
applied
Federal-Australian Industrial Relations Commission if
Federal award applied
ALWAYS a cap on employee earnings (Currently
a “guaranteed income” amount of more than
$108,300 a year )
DISMISSING EMPLOYEES
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Before Workchoices:
Roughly similar treatment for both jurisdictions
No size limit differentiation for employers
Only necessary to determine whether State or
Federal award applied
The procedure and remedies are intended to
ensure a “fair go all round”
A “fair go all round” refers to a phrase used in
the case of In re Loty and Holloway v Australian
Workers Union [1971] AR (NSW) 95T.
DISMISSING EMPLOYEES
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Workchoices:
No change to State law
BUT Workchoices expanded coverage of AIRC,
by including any employer which was a
“constitutional corporation”
-”national employers”
State jurisdiction primarily State government
employees and those employed by sole traders
and partnerships
DISMISSING EMPLOYEES
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Workchoices:
AIRC jurisdiction: national employers only
liable to action for unfair dismissal if > 100
employees
In practice, often difficult to determine
this threshold
Defence of “genuine operational reasons”
DISMISSING EMPLOYEES
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Workchoices:
BUT no limit for size of employer if case
of unlawful dismissal e.g.
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Membership (or non-membership) of union
temporary absence from work because of
illness or injury
Discrimination alleged
DISMISSING EMPLOYEES
Fair Work Act:
 An unfair dismissal application must
be lodged within 14 days of the
dismissal coming into effect. Fair
Work Australia (FWA) may accept a
late application but only in
exceptional circumstances
DISMISSING EMPLOYEES
Fair Work Act:
 New rules for unfair dismissal
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No minimum number of employees for national
employers
BUT if employer has the following number of
employees:
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Until 1 January 2011 – less than 15 “full time equivalent”
After 1 January 2011 – simply less than 15 “head count”
Special “small business” rules apply
DISMISSING EMPLOYEES
Fair Work Act
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Meaning of small business employer, for
unfair dismissal purposes, prior to 1
January 2011
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a national system employer is a small business
employer if, and only if, the employer’s number of
full-time equivalent employees, worked out under this
item, is less than 15 at the earlier of the following
times (the notice or dismissal time):
(a) the time when the person is given notice of the dismissal;
(b) immediately before the dismissal.
DISMISSING EMPLOYEES
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Fair Work
Small Business Fair Dismissal Code Checklist
A printed copy is in your material
Please note that it is not a prescribed form, and that
more than simply claiming to have followed it is required
It is in the interests of the employer to complete
this checklist at the time of dismissal and to keep
it in case of a future unfair dismissal claim.
However, it is not a requirement of the Fair
Dismissal Code that the checklist be completed.
DISMISSING EMPLOYEES
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Fair Work
Who is not covered?
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Probationary employees
Up to six months :or
Twelve months for small employers
Genuine redundancy
Employees not covered by an award or agreement
who earn more than $108,300 a year (indexed)
DISMISSING EMPLOYEES
Fair Work Act
 The Explanatory Memorandum states
[Para 1541] that the factors are to be
considered “in their totality”.
 No one factor will be determinative.
DISMISSING EMPLOYEES
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FAIR WORK ACT 2009 - SECT 389
Meaning of genuine redundancy
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A person's dismissal was a case of genuine redundancy if:
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the person's employer no longer required the person's job to
be performed by anyone because of changes in the
operational requirements of the employer's enterprise; and
the employer has complied with any obligation in a modern
award or enterprise agreement that applied to the
employment to consult about the redundancy.
A person's dismissal was not a case of genuine
redundancy if it would have been reasonable in all the
circumstances for the person to be redeployed within:
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the employer's enterprise; or
the enterprise of an associated entity of the employer.
DISMISSING EMPLOYEES
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Meaning of “genuine redundancy”
Some problems:
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Is the onus on the employer to show it
was not reasonable to “redeploy”?
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For large employer groups, how to
show it was not possible to redeploy
somewhere in the group?
DISMISSING EMPLOYEES
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Meaning of “genuine redundancy”
Case study
Kekeris v A. Hartrodt Australia Pty Ltd
"The test is not … whether the duties survive.
(There) can still be a ‘genuine redundancy’
where the duties of a previous job persist
but are redistributed to other positions. The
test is whether the job previously performed
by the applicant still exists"
DISMISSING EMPLOYEES
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REMEDIES
Remedies that are available to an employee:
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Reinstatement is the primary remedy
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Reinstatement has to be “inappropriate” before
compensation is considered or awarded
Reinstatement means reappointment to the old position, or
one that is no less favourable than the position the
employee had immediately before the dismissal
In addition to reinstatement, FWA can order service to
be deemed continuous. Consequently the gap or break
in employment caused by the dismissal does not affect
benefits such as long service leave or annual leave,
which are dependent upon the accrual of an appropriate
amount of continuous service.
DISMISSING EMPLOYEES
REMEDIES
In In re Loty, Sheldon J observed that a
court should weigh the following factors, in
considering whether an unfair dismissal
warranted reinstatement:
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The employer’s right to manage its business;
The circumstances surrounding the dismissal;
The utility of re-establishing the relationship;
Whether reinstatement would work, if made
subject to conditions
DISMISSING EMPLOYEES
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REMEDIES
Compensation can be ordered in lieu
of reinstatement
Compensation has to be “appropriate
in all the circumstances of the case”
FWA can, in addition, order payment
for remuneration lost
DISMISSING EMPLOYEES
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REMEDIES
Compensation calculations have to take
into account:
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length of employee service;
viability of the order on the employer’s
enterprise;
lost remuneration;
employee efforts to mitigate loss;
remuneration earned between the dismissal
and the compensation; and
any other relevant order
DISMISSING EMPLOYEES
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REMEDIES
Employee misconduct “must” reduce
the amount of compensation.
There is no component in
compensation for shock, distress or
humiliation or analogous hurt.
DISMISSING EMPLOYEES
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REMEDIES
Compensation is capped at the lesser
of:
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26 weeks, calculated back from
immediately before dismissal, and
The statutory amount (i.e. half of the
amount of the high income threshold
Compensation indexed annually).
(Currently $54,150)
DISMISSING EMPLOYEES
ISSUES
 New conciliators recently appointed
 Current practice is to conduct first conciliation
conference by telephone
 Possible that an employees could be reinstated
at early opportunity
 No right of legal representation at a hearing
 No automatic right of appeal except in cases of
“public interest” or “significant” errors of fact
DISMISSING EMPLOYEES
CASE STUDY
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Harley v Aristocrat Technologies Australia Pty Ltd
"beyond belief" that a major company's HR manager notified her superiors
that there was no basis to a sales manager's claims that he was being
bullied and harassed, despite failing to conduct an investigation
Commissioner Whelan said Aristocrat had no valid reason for dismissing the
executive, saying he performed his role well "in very trying internal, and
external, circumstances".
"I accept that he was subjected to a deal of harassment about petty
matters and treated poorly by [the sales manager] despite performing as
well as, or better than, most of the other [business development
executives]", she said
reinstatement not appropriate ;Aristocrat ordered to pay the executive the
maximum six months compensation
DISMISSING EMPLOYEES
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Alternative remedies remain available:
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Unlawful termination
Breach of contract
Trade Practices Act claims
Freedom of Association
Discrimination / Harassment
A NEW EMPLOYMENT RIGHT?
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“Adverse Action” under the Fair Work Act
Since 1 July 2009, national system employees
and employers have the ability to bring “adverse
action” claims under the Act, including in respect
of claims of discrimination and victimisation in
employment. Traditionally such claims have
tended to be brought under the relevant State
or Federal anti-discrimination legislation (In
NSW, primarily through the Anti Discrimination
Board and the Administrative Decisions Tribunal)
A NEW EMPLOYMENT RIGHT?
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“Adverse Action”
FAIR WORK ACT 2009 - SECT 351
 Discrimination
(1) An employer must not take adverse action against a
person who is an employee, or prospective employee, of
the employer because of the person's race, colour, sex,
sexual preference, age, physical or mental disability,
marital status, family or carer's responsibilities,
pregnancy, religion, political opinion, national extraction
or social origin.
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A NEW EMPLOYMENT RIGHT?
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The circumstances in which an adverse action
can be said to be taken against another person
are very broad, and can include dismissing an
employee, injuring or altering the position of an
employee to his/her prejudice, or discriminating
between the employee and other employees.
Workplace inspectors have power now to
investigate such matters and issue civil penalty
notices (as for e.g. O H & S matters)
A NEW EMPLOYMENT RIGHT?
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Where an adverse action claim is made, it
will be generally be dealt with at first
instance by a Fair Work conference. If the
conference does not resolve the dispute
then the employee may proceed to run a
case either in the Federal Magistrates
Court or Federal Court.
A NEW EMPLOYMENT RIGHT?
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An adverse action complaint can be made
not just in instances of termination of
employment. An employee can also seek
an interim injunction to restrain an
employer from dismissing the employee,
either where a threat is made, or it
appears likely that termination of
employment is imminent.
A NEW EMPLOYMENT RIGHT?
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Employers face investigation, prosecution and
potentially a penalty of up to $33,000 for each
breach
Longer time limit for application (up to 6 years)
Reverse onus of proof. If an employee claims
they were subject to adverse action for a
prohibited reason the employer must prove the
action was not taken for that reason.
A NEW EMPLOYMENT RIGHT?
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“Adverse
Action”- Case Study
Jones v Queensland Tertiary Admissions Centre Ltd
The CEO of a company uses adverse action provisions to win
an interlocutory injunction stopping the company from
sacking her over bargaining-related bullying and
harassment allegations.
The CEO, with seven years service, alleged that the
company had conducted an improper investigation into her
conduct, after receiving complaints from the union and
employees
The Federal Court found the balance of convenience lay
with the CEO, partly because the chance of gaining a
remedy under the adverse action provisions would be lost if
the interlocutory injunction was refused
A NEW EMPLOYMENT RIGHT?
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Where termination of employment has
resulted, the court may make any orders it
considers appropriate to remedy the
situation. This means, that in addition to
orders for compensation (the traditional
remedy for anti-discrimination tribunals), a
court may order injunctions and
reinstatement orders.
Changes to age and disability
discrimination laws
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Federal Discrimination legislation has been broadened in scope by
amendments with important implications for employers
Amendments to the Federal Age Discrimination Act 2004 have
changed the relevant test. Previously, for an action to constitute
unlawful discrimination the age of a person needed to be the
"dominant reason" for the taking of that action. Now, the bar has
been lowered so that an act may be discriminatory where age is just
one of many reasons for the action
The Disability Discrimination Act 1992 was also amended to expand
the definition of "disability" to include a genetic disposition to a
disability and behaviour that is a symptom or a manifestation of a
disability. This potentially widens the scope for behavioural claims
such as stress-related illnesses to fall within the definition.
Changes to age and disability
discrimination laws
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The amendments also sought to clarify the general duty
upon employers to make "reasonable adjustments" for
employees with a disability. Previously, this duty had
been assumed to exist, however the amendments
provide that there is now a positive duty for employers
to make reasonable adjustments to their workplace to
accommodate someone with a disability. In a claim for
disability discrimination, the onus will be upon the
employer to prove that an adjustment would have
caused unjustifiable hardship
Changes to age and disability
discrimination laws
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The scope of indirect disability discrimination was also
widened by the amendments, replacing the test of
"proportionality" with one of "disadvantage." Now, the
situation is that the requirement or condition will be
discriminatory where it has, or is likely to have, the
effect of disadvantaging people with the disability of the
person alleging discrimination, or the employer has not
made reasonable adjustments that would enable the
employee to comply . This is a much easier test for
employees to satisfy. The onus has also been switched
so that the employer will have the burden of proving
that the condition or requirement was reasonable.
NATIONAL EMPLOYMENT
STANDARDS
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Replaces Workchoices Australian Fair Pay and
Conditions Standard
The NES commenced operation on 1 January 2010
NES found in Chapter 2 of the Fair Work Act 2009.
The NES are key minimum conditions applicable to all
employees covered by the federal system
The Government’s safety net comprises of:
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NES which appears in legislation and applies to all employees
Modern awards which are tailored to industries and occupations
and may contain up to a further 10 minimum standards
NATIONAL EMPLOYMENT
STANDARDS
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Interaction with other instruments:
Cannot contract out of NES – this includes high
income earners
Enterprise Agreement cannot exclude NES: can
provide more favourable outcome
Transitional instruments (eg WorkChoices
workplace agreements, pre-reform certified
agreement) which are “detrimental to an
employee” when compared to the NES have no
effect since 1 January 2010
NATIONAL EMPLOYMENT
STANDARDS
Contract
Collective Agreement
Industry Awards
National Employment Standards
NATIONAL EMPLOYMENT
STANDARDS
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NES – The 10 Guaranteed Conditions
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Maximum weekly hours of work
Requests for flexible working arrangements
Parental leave (and related entitlements)
Annual leave
Personal/carer’s leave and compassionate leave
Community service leave
Long service leave
Public holidays
Notice of termination and redundancy pay
Fair Work Information Statement
NATIONAL EMPLOYMENT
STANDARDS
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A number of the standards have been
transferred across from the AFPCS and the
former Workplace Relations Act.
The novel features of the NES are:
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Flexible working arrangements
Community service leave
Redundancy provisions
MODERN AWARDS
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Award modernisation process now completed
Modern Awards commenced on 1 January 2010, but
some changes will be deferred at least until 1 July
2010
Up to 5 year “phase-in” of certain provisions, including
wages for junior employees, employees to whom training
arrangements apply and employees with a disability,
casual and part-time loadings, Saturday, Sunday, public
holiday, evening and other penalties and shift allowances
Most previous awards (other than enterprise awards)
have now ceased operation
MODERN AWARDS
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Modern awards apply to employers and
employees covered by the national system.
Modern awards will not apply to employees who:
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are covered by an enterprise agreement
are managerial or senior employees who have not
traditionally been considered award employees
high income employees who earn over (currently)
$108,300 per annum and who have entered into a
high income guarantee .
HIGH INCOME GUARANTEES
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When giving a high income guarantee, employers must ensure that:
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the
the
the
the
employee is covered by a modern award that is in operation
employee is not covered by an enterprise agreement
guarantee is in writing
guarantee clearly sets out
 the amount of the annual earnings (and the earnings exceed the high
income threshold,)
 the period to which the annual guarantee applies (i.e. 12 months)
the employee accepts the guarantee (preferably in writing)
the guarantee and acceptance is made:
 before the start of the period stated in the guarantee
 within 14 days after:
 the employee starts working, or
 a day the employer and employee agree to vary the terms and
conditions of the employee's employment
the employee is informed of the consequences of accepting the guarantee (i.e.
that the modern award will not apply).
NES and MODERN AWARDS
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NES provides legislated minimum standards that cannot
be excluded or modified by any industrial instrument
Modern awards supplement the NES
Must not include a term in a modern award where the
substance of the matter is dealt with in the NES
However, modern awards can include:
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Industry details about matter in the NES (eg ordinary hours of
work)
Machinery provisions (eg taking annual leave at half pay by
arrangement with employer)
May build on NES provisions to maintain fair safety net having
regard to existing award conditions for employees in the industry
Cashing out of leave entitlements and shut down provisions
NES and MODERN AWARDS
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The NES provides that the standard working hours for a full time employee
will continue to be 38 hours per week, plus reasonable additional hours
An employee may refuse to work additional hours if they are not reasonable
Reasonableness will be determined having regard to a number of factors
including:
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Whether the employee is entitled to receive overtime payments, penalty rates or
other compensation for working the additional hours
The employee’s personal circumstances, including family responsibilities
The needs of the workplace
Notice (if any) of the employer’s request to work the additional hours
Notice (if any) of the employee’s intention to refuse to work the additional hours
Any other relevant matter
NES does not include rules relating to the averaging of hours:
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These are dealt with in modern award or enterprise agreement or transitional
arrangements
Awards/agreement free employees may enter into averaging arrangement
NES and MODERN AWARDS
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CASE STUDY
Fair Work Australia has rejected several enterprise agreements that
sought to give employees the option of nominating their preferred
work hours in exchange for giving up overtime or other penalty
rates
In two separate decisions, FWA found that "preferred hours" clauses
- proposed by both aged care provider Bupa Care Services and a
bargaining representative representing franchisees for a number of
hospitality chains including Subway and Muffin Break - failed the no
disadvantage test
FWA held that Clauses that deny penalty provisions to employees on
the basis that they have nominated the hours they are available to
work are not appropriate and are inconsistent with the no
disadvantage test.
NES and MODERN AWARDS
Requests for flexible working arrangements
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Eligibility: An employee who is a parent of, or has caring responsibility for:
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A child under school age;
A child under 18 suffering from a disability
Employee is required to have 12 months service before right to request
flexible arrangement accrues
Flexible working arrangements are not defined, but examples could include
reduced hours, different start or finish times or home-working
arrangements
Employee must make request in writing setting out details of change and
supporting reasons
Employer must respond within 21 days and provide reasons for any refusal
to accommodate the request
An employer can only refuse a request on ‘reasonable business grounds’.
These are not defined, but examples could include the employer’s ability to
reorganise work arrangements and the business needs of the employer
Requests for flexible working
arrangements
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Some similarities to provisions which have existed in the UK since
2003 – but much less prescriptive that the UK provisions
The UK provisions may provide some guidance in determining what
constitutes a ‘reasonable business ground’:
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Burden of additional costs
Detrimental effect on the employer’s ability to meet customer demand
Inability to reorganise work among existing staff
Detrimental impact on quality
Detrimental impact on performance
Insufficiency of work during the periods the employee proposes to work
Planned structural changes
What happens in the event of a dispute?
Parental leave and related
entitlements
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No paid parental leave in the NES but this will be introduced under the Govt
funded scheme released in the 2009 Federal Budget
Employee must have 12 months service to be eligible – includes eligible
casuals
Each parent has a right to 12 months’ unpaid parental leave in relation to
the birth or adoption of a child
A parent who takes 12 months’ parental leave may request additional leave
from their employer of up to 12 months. The employer may refuse the
request on reasonable business grounds
Parents are entitled to take up to three weeks parental leave concurrently.
Other than this time, parents cannot take unpaid parental leave at the same
time.
NES also entitles an employee returning from parental leave to return to the
position they held before commencing leave. If the position no longer
exists, the employee is entitled to return to a comparable position
Obligation to consult with employee regarding significant changes to preleave role
REDUNDANCY
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There is now a statutory right to receive a redundancy payment of up to 16
weeks pay, where an employee's job is terminated either owing to
restructuring, insolvency or bankruptcy of the employer. This entitlement is
currently provided in many awards but will now be a statutory requirement
for all employees covered by the NES, who have more than 12 months
continuous service and who work for an employer that employs 15 or more
employees.
The entitlement does not extend to casual employees, those employed for a
specified time, task or season, employees to whom a training arrangement
or apprenticeship applies or to an employee covered by an industry-specific
redundancy scheme in a modern award or enterprise agreement or is
terminated because of serious misconduct.
Importantly any service prior to 1 January 2010 does not count as service
for the purpose of calculating an employee's redundancy entitlement unless
the employee had a redundancy entitlement immediately before 1 January
2010.
Fair Work Information Statement
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Employers are required to provide a copy of the Fair Work
Information Statement to all new employees before or as
soon as practicable after, the commencement of employment.
The Statement sets out employee rights regarding NES,
modern awards, agreement making, termination of
employment and the role of the Fair Work Australia and the
Fair Work Ombudsman.
The Statement is available from website of the Fair Work
Ombudsman.
See http://www.fairwork.gov.au/Pay-leave-andconditions/Conditions-of-employment/Pages/Fair-WorkInformation-Statement.aspx
Annual Leave
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All full time employees will be guaranteed 4 weeks paid annual leave
Shift workers will be entitled to an additional week of paid annual leave
Leave accrues progressively through the year in accordance with the employee’s
“ordinary hours of work”
Part time employees receive a pro rata amount
Casual employees are not entitled to annual leave
When annual leave is taken, the employee is entitled to be paid at the employee’s
“base rate of pay” for their “ordinary hours of work” in the leave period
An employee is entitled to be paid for any untaken paid annual leave on termination
of employment on their “base rate of pay”
Cashing out:
 Permitted under award/enterprise agreement or written agreement for non
award/agreement employees
 Must maintain minimum 4 week accrual
Rights to direct annual leave must be included in modern award/enterprise
agreement or written agreement for award/agreement free employees –must be
reasonable
Awards/agreement free employees may agree on when and how paid annual leave
may be taken
Personal, carer’s and
compassionate leave
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Full time employees are entitled to:
 10 days of paid personal or carer’s leave for each year of
‘service’
 Two days of paid compassionate leave ‘per occasion’
 Two days of unpaid carer’s leave ‘per occasion’ for genuine
caring purposes and family emergencies if paid carer’s leave is
exhausted
Casual employees are entitled to:
 Two days of unpaid compassionate leave ‘per occasion’
 Two days of unpaid carer’s leave ‘per occasion’
The leave is payable at the employee’s ‘base rate of pay’ for the
‘ordinary hours of work’ in the leave period
Carer’s leave extended to cover spouses in same sex relationships
Community service leave
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Employees are entitled to be absent from work to engage in
prescribed community service activities, such as jury service and
emergency service duties
The entitlement covers all periods required to provide the
community service and includes reasonable:
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Travelling time
Time for rest immediately following the activity
Community service leave will be unpaid leave, although employees
(other than casuals) on jury service leave will be entitled to ‘makeup pay’
‘Make-up pay’ is the difference between what the employee received
in respect of jury service and the employee’s base rate of pay
OTHER LEAVE
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Some areas of leave remain a state
responsibility –notably long service leavethis may be an area for future reform…
WHAT WE HAVEN’T COVERED
TODAY!
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Transmission of Business Rules
Good Faith Bargaining and the Role of Unions
Mandatory content in Employment Agreements
Occupational Health and Safety Harmonisation
Future of the Australian Building and
Construction Commission / Office of the Fair
Work Building Industry Inspectorate.
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amongst other matters!
THE END!
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Questions?