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Work Choices turns one

Join David Parker at the HR Summit on May 16, 2007, for a comprehensive seminar covering critical topics including unfair dismissal laws, minimum employment conditions, record-keeping, OWS prosecutions, industrial instruments, bargaining, and the future directions of workplace regulations. Understand what is not covered, including transitional provisions and dispute resolution. This session will provide insights into new policies, obligations, and the evolution of fair work practices in Australia, crucial for HR professionals navigating the shifting landscape.

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Work Choices turns one

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Presentation Transcript

  1. Work Choices turns one HR Summit 07 David Parker, Partner 16 May 2007 202384366

  2. Overview of Seminar What will be covered: • Unfair Dismissal • Minimum Conditions and Record Keeping • OWS Prosecutions • Industrial Instruments • Bargaining and Industrial Action • Future Directions

  3. Overview of Seminar What will not be covered: • Transitional Provisions • Dispute Resolution • Rights of Entry • Freedom of Association

  4. Unfair Dismissal Exempted from unfair dismissal laws: • Employees engaged for less than 6 months • Seasonal employees • 100 or fewer employees • Genuine operational reasons • Carter v Village Cinemas

  5. Unfair Dismissal Other Issues: • Unlawful termination • Prohibited reasons • Common law actions • New legal principles • Discrimination claims

  6. Unfair Dismissal ALP Policy - "Forward with Fairness": • 15 or more employees and employed for at least 6 months • 15 or less employees and employed for at least 12 months • Earnings of less than $98 200

  7. Minimum Conditions Australian Fair Pay and Conditions Standard: • Base pay • Maximum hours of work • Annual leave • Personal leave • Parental leave • Cashing out leave

  8. Minimum Conditions ALP Policy - "Forward with Fairness": • New Safety Net • 10 new national employment standards • 10 minimum employment standards in awards

  9. Minimum Conditions Other entitlements under WRA: • Notice • Meal breaks • Public holidays

  10. Record Keeping • Original requirements • Developments • New requirements less onerous

  11. Office of Workplace Services Underpayment of Employees: • Snowline Hotel • POW Juice • Brochure Flow • Project Aircon

  12. Office of Workplace Services Failure to co-operate with Investigation: • Club Hotel and Granada Tavern Failure to pay redundancy entitlements: • Tri-star

  13. Office of Workplace Services Strike Pay: • Heinemann Electric Scrutiny of agreement-making: • AC & MS Services • Approval of cleaning agreement by administrative staff

  14. Office of Workplace Services Duress in relation to AWAs: • Ten Talents • BP Australia

  15. Industrial Instruments Transmission of Business: • When is there a transmission? • Who is a transferring employee? • Transmission of instruments: • Collective Agreements • Awards

  16. Industrial Instruments Transmission of Business: • Notification Requirements • Notice Requirements and Enforcement • Parental Leave

  17. Industrial Instruments The future: • New Fairness Test: • Protected award conditions • Earnings of less than $75 000 • Lodged on or after 7 May 2007 • AWA duress

  18. Industrial Instruments The future: • ALP Policy - "Forward with Fairness": • AWA's to be abolished • Importance of collective agreements

  19. Bargaining and Industrial Action Protected Industrial Action: • Bargaining Period • Secret Ballots • Not genuinely trying to reach agreement • Pattern bargaining • Notice of action

  20. Bargaining and Industrial Action • Prohibition on Strike Pay • Unprotected Industrial Action

  21. Future Directions • Change of government? • ALP Policy – "Forward with Fairness": • Unitary System • Freedom of association and the role of unions • Fair Work Australia

  22. QUESTIONS?

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