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Members in Queensland celebrate the introduction of the Fair Work Act

Wed 08 Jul 09 Comments

Wednesday 1 July was recognised as a historic day for working Australians with the introduction of the Fair Work Act designed to restore fair industrial relations laws.

The Fair Work Act restores employees bargaining rights and workplace rights and ensures Australia will be socially and economically strengthened as a result.

A brief summary is outlined below:

FAIR WORK ACT 2009

Bargaining and agreement making

- Employer must bargain with the union if requested by employees

- Parties are free to bargain about matters relating to the employment relationship. Prohibited content rules abolished.

- Abolition of Australian Workplace Agreements (AWAs)

- Capacity for low-paid employees and marginalised employees to bargain

- Parties must bargain in good faith

Safety net

- Introduction of national safety net of ten minimum standards and modern awards

Unfair dismissal

- Employees' unfair dismissal rights restored

- Employees can no longer lawfully be sacked for 'operational reasons'

- Employer must abide by the 'Small Business Fair Dismissal Code' when dismissing employees

-Fair Work Australia can hear disputes about dismissals

Industrial action

- Employer must no longer deduct a minimum four hours of wages if employees take industrial action

General protections

- Employee protections strengthened: it is unlawful for employers to take adverse action against employees who seek to exercise workplace rights

- Delegates rights restored

Fair Work Australia

- Creation of a strong, independent body to assist parties in dispute resolution, facilitate bargaining and provide information and advice.

 

 

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