1. Fair Work Act Workshop Navigating complex workplace legislation. Helping make the people part of your business easier. www.inspire-success.com

2. Overview of session What is the Fair Work Act? Key provisions affecting you: – Unfair dismissal – Collective bargaining – Other provisions Being Fair Work compliant- the plan www.inspire-success.com

3. The Fair Work Legislation General overview of the Act Mechanics and structure - 1 July 2009 NES and Modern Awards -1 January 2010 Other sources of potential obligations www.inspire-success.com

4. New features Establishing new industrial bodies Providing a safety net for all employees Providing for workplace representation rights Protections from unfair and unlawful dismissal Removal of individual agreements Ensuring flexibility Balancing work and family life Enterprise based bargaining www.inspire-success.com

5. Key provisions Unfair dismissal Collective bargaining for stakeholders National Employment Standards Modern Awards – Workplace Rights – Industrial action www.inspire-success.com

6. Unfair dismissal - the basics Eligibility and jurisdiction Employers Employees Minimum employment period Modern Awards The high income threshold www.inspire-success.com

7. What is unfair? Determining what is ‘unfair’: Person has been dismissed The dismissal was harsh, unjust or unreasonable The dismissal was not consistent with the Small Business Fair Dismissal Code The dismissal was not a genuine redundancy www.inspire-success.com

8. Fair Work Australia Establishing jurisdiction Conferencing to resolve a claim Preferred option - Informal and confidential Hearings where appropriate FWA can inform itself of any matter it deems appropriate www.inspire-success.com

9. Outcomes Reinstatement Primary remedy and can be to ‘associated entities’ Compensation Cannot include shock, distress or humiliation Other orders www.inspire-success.com

10. Costs and appeals Costs Only available in limited situations Available against agents where appropriate 14 day period for applying for costs order Appeals Limited to cases of public interest or where there is a significant error of fact www.inspire-success.com

11. The Small Business Code Effect of the Code: Dismissals consistent with the Code will be deemed ‘fair’ If not consistent, they are considered on their merits Checklist in the Code Covers off key information and steps Not necessary but advisable www.inspire-success.com

12. Deciding to dismiss an employee Types of dismissal Summary Other dismissal Procedural matters Discussions with the employee Evidence of steps taken www.inspire-success.com

13. Making the decision Questions to ask yourself Do I have a valid reason? Has the employee had an opportunity to respond / previous warnings / notice that their employment may be in jeopardy? Have I allowed a support person to be present? Was termination due to a genuine redundancy? Have I sought appropriate advice? www.inspire-success.com

14. Redundancy Two key changes No longer an automatic bar to an unfair dismissal claim Introduction of consultation obligation for all employees who could be affected by a proposed redundancy www.inspire-success.com

15. Genuine Redundancy The job is no longer required to be performed by anyone because of changes in the operational requirements of the Business. Operational requirements can be technological, economic or other structural reasons. Two key issues: ensure consultation and redeployment to associated entities. www.inspire-success.com

16. Collective bargaining - types of agreements and their content Primary concept of ‘collective bargaining’ for an enterprise agreement’ (EA) Types of EAs: – Single-enterprise agreements – Multi-enterprise agreements – Greenfields agreements (single or multi) No union / non-union distinction www.inspire-success.com

17. Why EA’s may be important to you Old certified agreement due to expire AWAs may be due to expire Employees are on mixture of instruments Old Award or NAPSA may apply Want more flexibility / provide incentives to staff Uniform industrial arrangements Approached by staff / employee representatives www.inspire-success.com

18. Permitted Matters EA must contain ‘permitted matters’ – Matters pertaining to the relationship between employer and employees – Matters pertaining to the relationship between employers and employee organisations – Deductions from wages – How the agreement will operate www.inspire-success.com

19. Mandatory and unlawful terms Mandatory terms Flexibility term Consultation Term Dispute Resolution Term Duration of agreement Unlawful terms Discriminatory Objectionable Inconsistent with the Act Result in exercise of OHS rights inconsistent with the Act www.inspire-success.com

20. Basic bargaining steps Apply for Approval to Fair Work Australia Obtain Genuine Approval to Enter into the EA Provide Access to a Proposed EA Provide Notice of Employee Representational Rights www.inspire-success.com

21. Do I have to bargain? Bargaining is a choice Can be compelled if FWA makes a ‘majority support determination’ Majority of employees support bargaining for an EA Once made, GFB obligations must be met www.inspire-success.com

22. What is Good Faith Bargaining? A framework for agreement making Lots of commentary Intention of the Government Not about concessions or consensus: a framework to remove unfair conduct www.inspire-success.com

23. GFB: The Act’s requirements Requires a bargaining representative to: – Attend and participate in meetings – Disclose relevant information – Respond to proposals – Genuinely consider proposals and give reasons for responses – Recognise and bargain with agents – Not engage in capricious or unfair conduct www.inspire-success.com

24. The Better Off Overall Test (BOOT) EA’s must pass the BOOT to be approved Assessment against relevant Modern Award Point in time test - impact on increased wages Classes of employees Approval in exceptional circumstances www.inspire-success.com

25. Other key provisions NES and Modern Awards Workplace Rights Industrial Action Transfer of business www.inspire-success.com

26. National Employment Standards 9 key matters plus the Fair Work Information Statement 1.Hours of work 2.Requests for flexible working arrangements 3.Parental leave 4.Annual leave 5.Personal/carer’s leave and compassionate leave 6.Community service leave (including jury service) 7.Public holidays 8.Termination of employment 9.Long service leave www.inspire-success.com

27. Where to go for more help You can find more information at: www.fairworkassist.com.au www.deewr.gov.au www.fairwork.gov.au www.fwa.gov.au www.fwo.gov.au www.inspire-success.com