Fair work act 2009

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. It is the foundation to all standards and regulations for employment and something that employers in all industries and within all business sizes should be familiar with. Fair Work Act Summary.

The Act replaces the previous national industrial relations systems as well as various state based systems, bringing together a new unified and modernised workplace framework. There was also significant lobbying by various groups prior to its introduction, in particular unions and business groups, for changes to the proposed Act. The Government engaged in consultation with key non-government stakeholders, primarily through the: 1. National Workplace Relations Consultative Council and sub. See full list on alrc. As a result, the national system covers the Commonwealth, Commonwealth authorities and constitutional corporations,as well as all other: 1. The system does not cover: 1. Employment that is not covered under the national indus.

The objects reflect, on the one han the need to provide a legislative framework which is flexible for businesses and promotes productivity and economic growth an on the other, the desire to ensure the framework is fair and protects the rights of employees to a guaranteed safety net, flexible working arrangements and fairness and representation at work. Of particular importance in the context of this Inquiry is the incorporation of both references to, and actual entitlements based on, the concept of social inclusion. For example, the extension of parental leave and the right to request flexible working arrangements appear to indicate a commitment 16. This Inquiry therefore provides an opportunity to identify relevant areas for consideration and the responses of stakeholders. The PIR will report on the regulatory impacts of the legislation and whether the Act i. The Consultative Forum on Mature Age Participation has emphasised that the ‘ability to work part-time or flexible hours has been found to be the most important facilitator, after good health, for older people to work beyond retirement age’.

Examining legislative mechanisms for ensuring access to flexible working arrangements is vital to encouraging mature age workers to enter, re-enter or remain in the workforce. The Advisory Panel on the Economic Potential of Senior Australians commented that mature age persons have ‘diverse requirements for flexibility’: 2. Increasingly, there are a range of government and industry initiatives and reports focused on developing and implementing flexible work arrangements as standard business practice. The key legal, as opposed to policy-base mechanism which currently provides access to flexible working arrangements is the right to request flexible working arrangement provisions under the NES. However, the ALRC is also interested in sta. Therefore, under every enterprise agreement a mature age worker is entitled to negotiate an IFA with the employer, for example, to vary work arrangements.

Similarly, modern awards must include a ‘flexibility term’, allowing the employer and the employee to make a specific IFA to vary the effect of the enterprise agreement to account for the employee’s particular circumstances. Mature age workers are therefore entitled to negotiate IFAs with their employer under modern awards, for example, to vary their work arrangements. A modern award is an industrial instrument that regulates the minimum terms and conditions for a particular industry or occupation in addition to the statutory minimum outlined by the NES. A modern award cannot exclude any provisions of the NES, but can provide additional detail in relation to the operation of an NES entitlement. In general, a modern award applies to employees in a particular industry or occupation and is used as the benchmark for assessing enterprise agreements before they are approved by FWA.

The NES establish the minimum period of notice, or payment in lieu of notice, that an employer must give an employee to terminate their employment without reasonable cause. The amount of notice or payment in lieu of notice is determined according to the employee’s period of continuous service with the employer. Evidence suggests that, of those experiencing age discrimination, the largest proportion of that discrimination constitutes having their employment terminated or being made redundant before their younger counterparts.

Statistics from the ABS indicate that unemp. The general protections provisions provide statutory protection for mature age workers seeking to challenge discriminatory treatment. In addition, the High Court of Australia provided greater clarity about the operation of the general protections provisions in a recent decision concerning determination of the reason for the relevant conduct in a general protections claim.

Rather than considering the operation of the provisions in any detail, the ALRC’s focus in this Inquiry is, therefore, on the interaction between the general protections provisions and anti-discrimination legislation. It is the national workplace relations system. Replaces older state and federal workplace relations systems.

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