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Legislative Update (Issue 27)

By on June 22, 2006

Responding to Workplace Relations Reforms

The Federal Government’s workplace relations reforms have been implemented and many small businesses are seeking advice on how to respond these changes.

The workplace relations reforms have affected existing legislation in numerous areas including:

  • Minimum wage and Award classification levels
  • Award structure
  • Opportunities for workplace agreements
  • New framework regarding bargaining and negotiation
  • Statutory minimum employment conditions
  • Unfair dismissal laws

The ‘WorkChoices’ changes provide individual businesses with more opportunities to put in place working relationships which suit their specific circumstances.

Individual businesses should be looking to develop their workplace agreements to their particular needs.

Some of the major areas impacted by the changes in legislation include:

  • Unfair dismissal laws
  • Victorian Quarry Award and WorkChoices
  • Compliance

UNFAIR DISMISSAL

Employers who employ up to and including 100 employees will be exempt from unfair dismissal laws.

However, all employers will still be subject to ‘Unlawful Termination’
laws covering:

  • Temporary absence from work because of illness or injury
  • Trade union membership or participation in trade union activities
  • Non-membership of a trade union
  • Seeking office as a representative of employees
  • The filing of a complaint, or the participation in proceedings, against an employer
  • Race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction, social origin
  • Refusing to negotiate, sign, extend, vary or terminate an AWA
  • Absence from work during maternity leave or other parental leave
  • Temporary absence from work because of the carrying out of a voluntary emergency management activity

VICTORIAN QUARRY AWARD AND WORK CHOICES

Those persons conducting work within the scope of the Quarry Industry (Victoria) Award are to be paid in accordance with that Award.

They do not need to be respondents, however any AWA over-rules the Award. This is because under the 1996 changes to Victoria’s Industrial Relations rules, this Award (amongst others) was declared as common rule.

If a business meets all obligations of the Award, however pays higher than the Award, this is not an official agreement and does not need to be lodged with the Government.

COMPLIANCE REQUIREMENTS

It is now law for employers to keep records relating to employees for 7 years. This includes hours worked, pay details, leave accrual/balances and superannuation contributions. It is suitable to keep this electronically, however non-compliance may result in fines being applied from September this year.

For further information contact:
CMPA on 03 5781 0655
David Gregory, VECCI dgregory@vecci.org.au or 03 8662 5364
www.workchoices.gov.au
www.oea.gov.au

The next issue will discuss the agreement making process.

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