The end of Workchoices as new Fair Work Bill is given the go ahead

Author: Tony Cardillo, Liz Pinnock

Publish Date: April 22, 2009

The Federal Government’s new Fair Work Bill was passed by the Senate on Friday 20 March 2009 heralding the end of the Howard Government’s Workchoices legislation. The key changes introduced by this legislation, due to take effect on 1 July 2009, are:

-  new unfair dismissal rules which will significantly increase the number of unfair dismissal claims.  There is an exemption for small businesses, whereby those employers with fewer than 15 full time employees (up to January 2011) can terminate an employee within the first 12 months of employment without redress. After January 2011 the small business exemption will apply to those employers with less than 15 employees, including full time, part time and casual employees. Employers within the small business exemption can terminate an employee after 12 months employment without redress if they follow a Fair Dismissal Code.          

-  the introduction of 10 minimum National Employment Standards, including maximum hours of work and increased parental and other leave entitlements. 

-  the creation of a single workplace regulator, Fair Work Australia, to hear unfair dismissal claims and deal with industrial disputes.    

-  the introduction of “good faith bargaining” in negotiations for enterprise agreements 

-  the introduction of a “better off overall test” to replace the previous “no disadvantage test” when approving new enterprise agreements.   

If you would like to speak to us about how these changes may affect you  or your business, please contact Liz Pinnock  or Tony Cardillo on 49076300. 

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