Fair Work Act 2009 commenced 1 July 2009

Author: Tony Cardillo, Emilia Cardillo

Publish Date: September 15, 2009

On 1 July 2009 the new Workplace Relations laws came into effect. The new laws have introduced some significant changes in employment law; some of the changes include:

1.      Introduction of the ‘Fair Work Ombudsman’. The Ombudsman will assume the role of the previous Workplace Ombudsman but with increased functions. The Fair Work Ombudsman has the power to investigate discrimination claims in the workplace.

2.      New provisions that mean that employers can be prosecuted for taking ‘adverse action’ against an employee who is acting in accordance with a legal entitlement an employee has within the workplace. There is no limit on the compensation available and the onus of proof has been reversed.

3.      New unfair dismissal code for small business.

4.      Changes in the way enterprise agreements are made; there is an obligation that parties conduct bargaining ‘in good faith’.

5.      New income thresholds have been set for award employees who can bring a claim for unfair dismissal, as well as new application fee’s and limits on compensation that can be awarded.

6.      Fair Work Australia commenced 1 July 2009 and replaced the Australian Industrial Relations Commission. The Australian Industrial Relations Commission will cease to operate on 31 December 2009.

Employers should be aware of the changes and how they may affect their business.

For more information please contact Tony Cardillo on 4907 6300, tony.cardillo@harriswheeler.com.au or Emilia Pirillo on 4907 6328, emilia.pirillo@harriswheeler.com.au.

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