Fair+Work+Australia


 * __Kevin Rudd's Fair Work Australia policy will replace Work Choices in 2010. Explain the main tenets of this policy.__**

In January 2010 the 'Fair Work Australia' policy will begin, and the current 'Work Choices' industrial relations laws will be scrapped. Labor Government would abolish the Australian Industrial Relations Commission and set up a new, expanded and pro-active industrial relations umpire to be called Fair Work Australia. The opposition leader Kevin Rudd has already announced he would scrap Australian Workplace Agreements and change the unfair dismissal laws introduced by John Howard. This will provide more portection for workers.

They want to replace the work choices with a body called Fair Work Australia. Employers, employees will no longer have to scour the telephone book or the Internet to work out who to ring. If they want advice, if they need a mediation, if they need to know what a wage rate is, if they have a compliance issue, they will be able to ring one body, Fair Work Australia, and get it sorted out. And very importantly, Fair Work Australia will have a special unit that is looking at family-friendly policies and what can be done to encourage Australian workplaces to help families better balance work and family life.There will be annual minimum wage cases, certainly making sure the minimum wage is assessed and assessed fairly is important.

There are many pieces of information on the current workchoices policy including:-
 * federal minimum wage and minimum wage increase,
 * awards rates,
 * overtime rates,
 * industrial relations laws,
 * current minimum wage,
 * unfair dismissal appeal process,
 * workers compensation,
 * federal wage rates etc

The ALP’s industrial relations system is planned to be based on workplace rights including: > Ten legislated national employment standards are proposed to apply to all employees. Current minimum standards introduced relate to: In addition to the 10 minimum legislative standards applying to all employees, certain industry-specific standards are also planned to be introduced. These standards are to be included in awards, tailored to the needs of particular industries and occupations related to: The proposed award safety nets are only to apply to employees earning less than $100,000 annually.
 * Employee rights**
 * collective bargaining
 * freedom of association
 * the right to representation, information and consultation in the workplace
 * protection against unfair treatment
 * access to an effective grievance and dispute resolution procedures
 * freedom from discrimination, and
 * equal remuneration for work of equal value.
 * National employment standards **
 * hours of work
 * annual leave
 * long service leave
 * personal and carers’ leave, and
 * notice of termination.
 * Redundancy pay ** - Employers of 15 or more employees will have to pay redundancy pay in line with the Commission’s 2004 Redundancy Test Case decision.
 * Parental leave ** - Each parent will be able to request separate periods of up to 12 months each in unpaid leave following the birth of their baby. An additional 12 months may be requested by one parent with refusal of such request to be made only on ‘reasonable business grounds’. This effectively extends the existing right to 12 months of parental leave to 36 months per child.
 * Flexible work for parents ** - Parents will have the right to request flexible work arrangements until their child reaches school age. Once again, employers may only refuse such a request on ‘reasonable business grounds’.
 * Community service leave ** - Employees will be entitled to leave for prescribed community service activities, such as paid leave for jury service and unpaid leave for emergency services duties.
 * Public holidays ** - Both national and state public holidays will be recognised. Employees who work on a prescribed public holiday will be compensated accordingly, e.g. by appropriate penalty rates.
 * Information in the workplace ** - A Fair Work Information Statement must be provided to all new employees. The statement will contain prescribed information about an employee’s workplace rights and entitlements.
 * New award standards **
 * minimum wages
 * provisions for minimum annualised wage or salary arrangements
 * the type of work performed by employees
 * arrangements for when the work is performed
 * overtime rates
 * penalty rates and applicable allowances
 * leave
 * superannuation, and
 * dispute settling procedures.

The following major changes have been made under Kevin Rudd's legislation. It has been used to combat the unfairness of Work Choices, and adopt in Rudd's opinion, 'a more and just system to assist Australia's working economy'.

Unfair Dismissal and Changes to the Laws

The Australian Industrial Relations Commission will continue handling all unfair dismissal claims. In January 2010, the new Fair Work Australia industrial legislation will commence, handling all claims.

Major change to existing procedures

//There will be://

- No written submissions - No cross-examination of witnesses - No formal hearing

A representitive or support person who is suitable is allowed to be present during the claim. Fair Work Australia will decide whether tyhe dismissal was unfair and can award reinstatement, unless this is against the interests of the employer and employee. Compensation can be awarded as an alternative to reinstatement.


 * Award and Pay Rates**

Awards will be simplified in the future workplace system to be established by the Labor government. This simplification process will take two years and is assumed to commence on the first day of 2008. The process will be overseen by the Australian Industrial Relations Commission.


 * Labor government proposed simplification of awards**

//Simplified awards are confined to the following conditions://

//• Minimum wages • Fair Work Australia will set minimum wage rates to take effect from the first full pay period on or after 1 July of each year. • Type of work performed • For example, permanent or casual, facilitation of flexible work arrangements • Work arrangements • For example, hours, rostering. • Overtime rates • Penalty rates • Minimum annualised wage or salary • Allowances • For example, work related and expense related allowance. • Annual leave • Including leave loading • Superannuation • Dispute Resolution processes//

Awards will promote effecient work ethic and performance, and encourage a work-family balance.
 * Flexibility in the Workplace**


 * Which positions are not covered by the new awards?**

- The awards will not be applicable to positions who have been historically 'award free', which includes most magagerial positions. - Awards will only cover employees who ear less than $100,000 per annum. - Employees who are currently covered by awards and who also earn above this threshold of $100,000 are will be able to negotiate with employers to either continue under existing terms and conditions, or move to the new system. ......................................... FAIR WORK AUSTRALIA WILL:

· Providing information and advice to Australian employers and employees; · Facilitating collective bargaining and ensuring good faith bargaining; · Reviewing and approving collective agreements; · Resolving unfair and unlawful dismissal claims; · Assisting parties resolve workplace grievances; · Monitoring compliance and ensuring the application of workplace laws, including minimum conditions, awards and agreements; · Overseeing mandatory secret ballots and enforcing Federal Labor’s tough industrial action laws; · Determining minimum wages and publishing pay scales; · Reviewing Federal Labor’s simplified industry awards; and · Regulating registered industrial organisations. It will ensure that all employers, employees and unions across all industries comply with the rules and will impose penalties – if they do not. Federal Labor has already announced nationally consistent industrial laws for the private sector, tough new provisions on strike action and new balanced unfair dismissal laws. Federal Labor’s new industrial relations system will be fair, simple and in the national interest.
 * Fair Work Australia** will have particular responsibility for promoting working arrangements that assist employees to balance their work and family responsibilities.
 * Fair Work Australia** will consolidate the work of three agencies created by Mr Howard’s unfair IR laws: the Fair Pay Commission, the Office of the Employment Advocate, the Office of Workplace Services, along with the AIRC.

 By January 2010 the new policy “Fair work Australia” will be introduced and override “work choice” industrial relations laws.  The new labour party would like to combine all work choices in to a combined system which will be called Fair Work Australia. The labour party want to insure that the Australian Business and Construction Commission are abolished within the next three years. The party would also like to reintroduce the unfair dismissal laws within in the work place small business.   There are many pieces of information on the current workchoices policy including:-   §   federal minimum wage and minimum wage increase,   §   awards rates,   §   overtime rates,   §   industrial relations laws, <span style="DISPLAY: block; FONT-SIZE: 90%; COLOR: #e00bde; FONT-FAMILY: Tahoma, Geneva, sans-serif; BACKGROUND-COLOR: #00e4ff; TEXT-ALIGN: left"> <span style="FONT-SIZE: 10pt; FONT-FAMILY: Wingdings; mso-fareast-font-family: Wingdings; mso-bidi-font-family: Wingdings; mso-fareast-language: EN-AU; mso-bidi-font-size: 11.0pt"> §  <span style="mso-fareast-font-family: 'Times New Roman'; mso-bidi-font-family: Arial; mso-fareast-language: EN-AU"> current minimum wage, <span style="DISPLAY: block; FONT-SIZE: 90%; COLOR: #e00bde; FONT-FAMILY: Tahoma, Geneva, sans-serif; BACKGROUND-COLOR: #00e4ff; TEXT-ALIGN: left"> <span style="FONT-SIZE: 10pt; FONT-FAMILY: Wingdings; mso-fareast-font-family: Wingdings; mso-bidi-font-family: Wingdings; mso-fareast-language: EN-AU; mso-bidi-font-size: 11.0pt"> §  <span style="mso-fareast-font-family: 'Times New Roman'; mso-bidi-font-family: Arial; mso-fareast-language: EN-AU"> unfair dismissal appeal process, <span style="DISPLAY: block; FONT-SIZE: 90%; COLOR: #e00bde; FONT-FAMILY: Tahoma, Geneva, sans-serif; BACKGROUND-COLOR: #00e4ff; TEXT-ALIGN: left"> <span style="FONT-SIZE: 10pt; FONT-FAMILY: Wingdings; mso-fareast-font-family: Wingdings; mso-bidi-font-family: Wingdings; mso-fareast-language: EN-AU; mso-bidi-font-size: 11.0pt"> §  <span style="mso-fareast-font-family: 'Times New Roman'; mso-bidi-font-family: Arial; mso-fareast-language: EN-AU"> workers compensation, <span style="DISPLAY: block; FONT-SIZE: 90%; COLOR: #e00bde; FONT-FAMILY: Tahoma, Geneva, sans-serif; BACKGROUND-COLOR: #00e4ff; TEXT-ALIGN: left"> <span style="FONT-SIZE: 10pt; FONT-FAMILY: Wingdings; mso-fareast-font-family: Wingdings; mso-bidi-font-family: Wingdings; mso-fareast-language: EN-AU; mso-bidi-font-size: 11.0pt"> §  <span style="mso-fareast-font-family: 'Times New Roman'; mso-bidi-font-family: Arial; mso-fareast-language: EN-AU"> federal wage rates etc <span style="DISPLAY: block; FONT-SIZE: 90%; COLOR: #e00bde; FONT-FAMILY: Tahoma, Geneva, sans-serif; BACKGROUND-COLOR: #00e4ff; TEXT-ALIGN: left"> Labor should ensure its proposed new workplace umpire ‘Fair Work Australia’ is truly independent and has real powers to ensure the rights of Australian employees in the workplace are respected and enforced ACTU Secretary Greg Combet said today.

<span style="mso-fareast-font-family: 'Times New Roman'; mso-bidi-font-family: 'Times New Roman'; mso-fareast-language: EN-AU"> <span style="DISPLAY: block; FONT-SIZE: 90%; COLOR: #e00bde; FONT-FAMILY: Tahoma, Geneva, sans-serif; BACKGROUND-COLOR: #00e4ff; TEXT-ALIGN: left"> More than four million Australian workers have lost their protection from unfair dismissal and the Government’s hand picked pay commission has allowed minimum wages for Australia’s lowest paid to fall behind the cost of living. <span style="mso-fareast-font-family: 'Times New Roman'; mso-bidi-font-family: 'Times New Roman'; mso-fareast-language: EN-AU"> <span style="DISPLAY: block; FONT-SIZE: 90%; COLOR: #e00bde; FONT-FAMILY: Tahoma, Geneva, sans-serif; BACKGROUND-COLOR: #00e4ff; TEXT-ALIGN: left"> To ensure workers get a fairer go Labor’s new super agency ‘Fair Work Australia’ should be a truly independent umpire which understands the pressures on working families and ensures workers’ rights are respected and fairly balanced with the needs of employers. [|http://www.actu.asn.au/Media/Mediareleases/LaborsnewworkplaceumpireFairWorkAustraliashouldbetrulyindependentsaysACTU.aspx</span] > <span style="DISPLAY: block; FONT-SIZE: 90%; COLOR: #e00bde; FONT-FAMILY: Tahoma, Geneva, sans-serif; BACKGROUND-COLOR: #ffffff; TEXT-ALIGN: left"> Australians have always had the belief that fairness at work is crucial but they also have the strongest belief in family. This is why with the new governments commitment have plans to renovate the work place and create a modernised work place that provides employees with balance, flexibility and FAIRNESS. With the governments new system in play employees will be achieve a better wage with conditions being negotiated at an enterprise level. The new government will provide a highly skilled workforce, and increased job growth and a better balance between work and family life. -KATE

RUDD: Our job is to get the balance right between the needs of business and the needs of employers and employees. The job here is to get that balance right. Mr Howard has put the balance over here with all the power lying in the hands of employers. We’ve sought to restore that balance. When it comes to small business, the common sense test is this: you’re starting out with a small business of three or four staff and you’re trying to make a judgement of whether you can make that business work or not and you need some time to make a judgement about whether these individuals who’ve walked in the front door to work for you are going to be good with the customers, good with the suppliers, the right tone and attitude to adopt across the counter. It’s a fair thing for small businesses to have that level of flexibility.

= Fair Work Australia - Frequently Asked Questions  =

When will the new Fair Work Australia policy be implemented?
The new policy will be implemented in January 2010. In the time leading up to this there will be changes made to the current Work Choices plicy that will make the transition smoother and provide a better sytem in the lead up to the full roll out of the FWA policy.

Where can I find information on the current and proposed changes to the industrial relations laws?
On our [|links page] you will find all the necessary departments available.

How does the Fair Work Australia policy affect my current work choice agreements?
Currently therehave been no changes made and all current employment contracts remain unchanged.

Changes to the workplace relations system came into effect 28 March 2008 with the commencement of the //Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008//. These amendments begin the transition to a new workplace relations system and give effect to key Government election commitments to implement a fairer and more productive workplace relations system. The key provisions of the Transition to Forward with Fairness Act:
 * Prevents the making of new Australian workplace agreements (AWAs);
 * Allows employers using AWAs as at 1 December 2007 to offer individual transitional employment agreements (ITEAs) to new employees and employers already on AWAs, for the transition period while award modernisation takes place;
 * Introduces a genuine no-disadvantage test for new collective agreements and ITEAs;
 * Enables the Australian Industrial Relations Commission (AIRC) to undertake the process of award modernisation; and
 * Removes the requirement for employers to provide the Workplace Relations Fact Sheet to their employees.

- T O M M M M M M