Fair Work Legislation – Make sure you are on top of the changes! by Amanda Shirley

(Article written for Issue 3 of The Briscoe Bulletin), 20th July 2009

Organisations should be aware of the expanded powers for employees as a result of the new legislation effective 1 July this year. Employees have been given more powers of re-dress if their “workplace rights” are “infringed”. This includes compensation, an order granting an injunction or if there is a termination, an order for re instatement. For the employer, this presents a requirement to be more mindful of the way in which they interact with employees and to ensure that, what may have been poor human resources practice prior to July 1, does not result in an infringement of the law post July 1.

As an employer your focus and understanding needs to be in 3 key areas:

The new rules for dealing with unfair dismissal claims
The new rules governing collective bargaining and the obligation to bargain in good faith
The new regime covering “ work place rights” and discrimination
In addition the changes that will come into effect in January 2010 under the National Employment Standard (NES) mean that employers should be reviewing their contracts of employment and HR policies and procedures to ensure they comply with the minimum standards as laid out in the NES. Make sure you are talking to an expert; you can’t afford to get caught out now!

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Amanda Shirley is the General Manager of Icecap Consulting. For more in-depth information on these important changes affecting you or your business, contact Amanda on 9489 3322