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| Getting Ready for New Workplace Laws |
By Michael Taylor, Principal Consultant, HMT Consulting.
After a protracted debate the federal government’s new ‘Forward With Fairness’ legislative package has passed through Parliament. This brings into being the fourth attempt at Workplace Relations reforms since the introduction of ‘Work Choices’ in March 2006.
From the 1st of July, the new laws governing unfair dismissals, Modern Awards and National Employment Standards will progressively come into force.
Prudent business operators are best advised to appraise themselves of the new standards and regulatory requirements in advance to avoid the significant penalties accompanying non-compliance.
The following checklist is designed to give general information on how to proceed:
• From the 1st of January 2010 a new network of ‘Modern Awards’ will be coming into operation providing minimum rates of pay and conditions of employment for federal system employees. These are significant as they will be one of the benchmarks against which future ‘Collective Agreements’ will be adjudged in relation to a new ‘Better Off Overall Test’ (BOOT). HMT Consulting is routinely keeping clients appraised of developments in respect of their employees so that they can plot appropriate strategies in relation to their businesses.
• Consider providing all Managers and Line Supervisors with training to avoid inadvertent breaches of the general protections provided to employees under the new laws. Particularly ensure that Managers have only up to date copies of current Agreements and Rates of Pay, thereby avoiding unnecessary disputes relating to employee entitlements.
• Ensure that procedures are in place to review the performance of casual employees prior to their completion of six months regular and systematic employment, in view of the new rights of casuals relating to unfair dismissals, which will flow from July 1st.
• Review the contents of existing workplace arrangements to consider the impact of:
- The new National Employment Standards;
- Replacing mature AWAs, ITEAs or Collective Agreements with documents modified to address the current economic environment, tying in closely with your business plan and goals AND to comply with all aspects of the new laws;
- The purchase or sale of a business that might take place after 1st of July 2009, as new transmission of business provisions come into operation. Without professional advice, unforeseen liabilities relating to employee entitlements may come into play, placing the viability of the deal in jeopardy.
• Appraise yourself of the Union(s) that will have legitimate access to your premises, and or, representational rights in future enterprise negotiations.
• If you operate a small business, ensure that all staff with authority to hire and fire, are aware of the contents, and proper application of the new ‘Small Business Fair Dismissal Code’. The Code is intended to set out the steps a small business employer needs to take in order to ensure that a dismissal is fair, thus potentially avoiding frivolous claims by former employees, including casuals.
The new workplace relations laws, whilst less complex than their predecessors, do potentially place significant strains upon the average small to medium sized business’s day to day operations. When in doubt about your rights and obligations on Workplace Relations matters, get professional advice.
HMT CONSULTING
Providing professional services covering Industrial and Workplace Relations concerning small to medium sized businesses.
Phone/Fax: (07) 54-444341: Mobile: 0419-240523
E-mail: hmtconsulting@optusnet.com.au
Web: http://www.hmtconsulting.com.au/
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