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OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT Update Fair Work Act 2009 HR Forum 9 December 2009 National Employment Standards Commence 1 January 2010.

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Presentation on theme: "OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT Update Fair Work Act 2009 HR Forum 9 December 2009 National Employment Standards Commence 1 January 2010."— Presentation transcript:

1 OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT Update Fair Work Act 2009 HR Forum 9 December 2009 National Employment Standards Commence 1 January 2010  Part 2-2 Fair Work Act  10 Minimum standards NES applies to all employees (including ECOs) regardless of salary

2  Workplace Agreements (known as “Transitional Instruments”) continue to apply.  From 1 January 2010 any terms and conditions that are detrimental to an employee compared with NES have no effect.  Generally NTPS terms and conditions more favourable than NES, however, some terms and conditions are affected. Implementation of NES OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT Impact on NTPS

3 Implementation of NES– 1 January 2010 Determination 6 of 2009 (to be issued) sets out 12 new terms and conditions OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT 1.Accrual of recreation leave 2.Cashing out of recreation leave 3.Ten day cap on carer’s leave 4.Compassionate leave – for casuals 5.Pre-adoption leave – for casuals 6.Right to request flexible working arrangements

4 Implementation of NES – 1 January 2010 New Terms and Conditions cont. OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT 7.Definition of ‘continuous service’ & ‘eligible casual’ for requests for flexible working arrangements 8.Taking 12 months parental leave 9.Concurrent parental leave for couples 10.Access to recreation and LSL whilst on parental leave 11.Return to work guarantee 12.Sum paid on redundancy

5 Implementation of NES– 1 January 2010 New Terms and Conditions Explained OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT 1. Accrual of Recreation Leave  No fixed period (e.g. 1/13 every 4 weeks)  Entitlement to paid recreation leave accrues progressively during a year of service according to ordinary hours of work, and accumulates from year to year.

6 Implementation of NES– 1 January 2010 New Terms and Conditions Explained OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT 2. Cashing Out Recreation Leave  Must keep minimum 4 week accrued leave entitlement  Maximum cash out of 2 weeks per year still applies 3. Use of Paid Personal Leave for Carer’s Leave  10-day cap no longer applies

7 Implementation of NES– 1 January 2010 New Terms and Conditions Explained OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT 4. Compassionate Leave for all Casual Employees  2 days of unpaid compassionate leave for each occasion 5. Pre-adoption Leave for all Casual Employees  2 days of unpaid pre-adoption leave to attend interviews or examinations for employee’s adoption of a child

8 Implementation of NES– 1 January 2010 New Terms and Conditions Explained OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT 6. Request for Flexible Working Arrangements  An employee who is a parent, or has a responsibility for the care, of a child under school age or a child with a disability under 18 years, can request flexible working arrangements.  Applies to employees with 12 months continuous service and eligible casuals (see point 7 next slide)  May be refused on ‘reasonable business grounds’ only

9 Implementation of NES– 1 January 2010 New Terms and Conditions Explained OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT 7. Meaning of 12 months ‘Continuous Service’ and ‘eligible casuals’ in relation to an employee’s entitlement to request flexible working arrangements  Definition under NES s22(4) provides that for the purpose of calculating 12 months ‘continuous service’ under requests for flexible working arrangements, all authorised leave with or without pay counts for service irrespective of whether it counts for service or not under Territory or Commonwealth law.  “Eligible” casuals as per definition provided in Parental Leave provisions of workplace agreements.

10 Implementation of NES– 1 January 2010 New Terms and Conditions Explained OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT 9. Concurrent Parental Leave for Couples  Additional 2 weeks unpaid leave 8. Taking 12 Months Parental Leave – Paternity/Partner and Adoption Leave  New rules for commencement of leave

11 Implementation of NES– 1 January 2010 New Terms and Conditions Explained OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT 11. Return to Work Guarantee  Extended to cover an employee returning from an extension of up to a further 12 months granted by CEO 10. Access to recreation leave and LSL whilst on extended parental leave (i.e. where CEO approves extension of a further12 month option).

12 Implementation of NES– 1 January 2010 New Terms and Conditions Explained OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT 12. Sum Paid on Redundancy  6 weeks after 2 years service  7 weeks after 3 years service Other  Fair Work Information Statement – new employees  By-Laws to be reviewed for compliance with NES

13 Implementation of NES– 1 January 2010 Advice to employees OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT  CPE Bulletin will be released before Christmas via and website  Please ensure all employees without access receive a copy

14 Implementation of NES – 1 January 2010 Questions OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT


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