Moving forward with the fair work system
Author Paula Meegan Published 27 July 2009
Most people would have heard of the Australian Government’s overhaul of the workplace relations system, commonly referred to as Forward with Fairness.
A major component of the system is the Fair Work Act 2009, which came into on 1 July 2009. The Act is one of the major milestones in replacing the previous system known as WorkChoices. But it is not the whole picture.
Modern awards
Some of the first major steps in reforming the Australian workplace relations system began in April 2008 when the Rudd Government requested the Australian Industrial Relations Committee to develop “modern awards”, which are being introduced to streamline thousands of industry and occupation based awards. The AIRC reports quarterly on its progress, which you can view at the AIRC website www.airc.gov.au.
The Fair Work Act
The Fair Work Act 2009 establishes a new institutional framework for the administration of the new workplace relations system. The framework has two major components: Fair Work Australia (a body which will effectively replace the AIRC) and The Office of the Fair Work Ombudsman.
Fair Work Australia will be an independent statutory body with a range of functions and powers including:
- Facilitating collective bargaining
- Approving enterprise agreements
- Adjusting minimum wages and award condition
- Dealing with unfair dismissal claims
- Dealing with industrial action
- Settling workplace disputes
Fair Work Australia and the Office of the Fair Work Ombudsman will replace the seven existing workplace relations agencies and oversee the new national workplace relations system.
The Fair Work Ombudsman’s key function is to promote harmonious and cooperative workplace relations and compliance with the Act through education, assistance and advice. The ombudsman is empowered to undertake enforcement activities such as investigation, issuing compliance notices and initiating court proceedings.
The AIRC will complete its award modernisation before officially winding up operations on 31 December 2009.
National Employment Standards and modern awards
The modern awards come into effect with the new National Employment Standards on 1 January 2010. The new standards contain several changes to minimum employment conditions, including:
- maximum weekly hours of work
- the right to request flexible working arrangements
- parental leave and related entitlements
- annual leave
- personal/carer’s leave and compassionate leave
- community service leave
- long service leave
- public holidays
- notice of termination and redundancy pay
- provision of a Fair Work Information Statement, which will detail the rights and entitlements of employees under the new system and how to seek advice and assistance
For further information on the changes to Australia's workplace relations system, you might also like to visit the following websites:
You can also access information about Fair Work Australia and the Fair Work Ombudsman here: