Eastern Commercial Lawyers www.eclawyers.com.au Compliance with Fair Work Act and Registered and Licensed Club Award 2010 and Notes on Bullying, Harassment.

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Presentation transcript:

Eastern Commercial Lawyers Compliance with Fair Work Act and Registered and Licensed Club Award 2010 and Notes on Bullying, Harassment and Armed Robbery John Murray and Tony Johnston

Fair Work Act 1 July 2009 Fair Work Act commenced New unfair dismissal regime / General Workplace Protections New Right of Entry regime New “Good Faith Bargaining” regime Fair Work Australia up & running Abolishment of individual statutory Agreements 1 January 2010 Modern Awards commence (in part) NES (National Employment Standards) commences Transition arrangements apply to ensure no employee disadvantaged

Fair Work Act 1 July Changes Transitional Provisions commence for Registered and Licensed Club Award 2010 – Specified wages and conditions to take effect Minimum wages Casual and part time loadings Saturday, Sunday, public holidays, evening and other penalties Shift allowances (i.e. broken night shift penalty/allowances) Fair Work Australia may make “take-home pay” orders where reduction in “take home” pay arises due to award modernisation process.

Modern Award Club Employees (State) Award Club Managers (State) Award National Employment Standards (NES) Maximum weekly hours Annual leave Personal/Carer’s leave and compassionate leave Parental leave Public Holidays Flexible working arrangements Notice of termination and redundancy Long service leave Community Service Leave Fair Work Information Statement Registered & Licensed Clubs Award 2010

Modern Award Compliance High income guarantees - s.330 of the Fair Work Act Individual Flexibility Agreements (per Clause 7 Modern Award) Enterprise Agreements Award/Transitional Arrangements Ensure classifications and new transitional calculations are ready for July 1 How will you deal with employees currently on exemptions? Disparity between terms and conditions for new and old employees? How will you deal with any decreases in pay/subsequent “take home” pay orders?

Enterprise Agreements Statutory agreements lodged with and approved by Fair Work Australia Onerous filing and approval procedure Underpinned by minimum entitlements in NES/Award “Boot Test” – need to satisfy “Good Faith” Bargaining Use to clarify uncertainty surrounding transition/introduce incentives/mitigate against risk of decreasing wages and conditions.

Bullying & Harassment 1.What is bullying and harassment? 2.Recent decision – Bailey v Peakhurst Bowling & Recreation Club Ltd [2009) NSWDC 284 (NSW District Court, Levy SC DCJ, 3 November 3009) 3.Importance of employment policies and procedures 4.Importance of OH&S – policies and procedures 5.Importance of training 6.Who is responsible for compliance?

Armed Robbery There has been an increase in the incidence of armed robbery Significant physical and psychological harm on staff involved Employer has duty of care to ensure health, safety and welfare of all employees s.8 OH&S Act 2000 Risk management – take steps to mitigate against risk Education and training Operational procedures following a robbery Monitor/audit function Public relations/communication with media

Level 2, Elizabeth Street SURRY HILLS NSW 2010 T:(02) F:(02) W: