90 likes | 181 Vues
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
E N D
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 2010 - 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.
Registered & Licensed Clubs Award 2010 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
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 • What is bullying and harassment? • Recent decision – Bailey v Peakhurst Bowling & Recreation Club Ltd [2009) NSWDC 284 (NSW District Court, Levy SC DCJ, 3 November 3009) • Importance of employment policies and procedures • Importance of OH&S – policies and procedures • Importance of training • 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, 491-493 Elizabeth Street SURRY HILLS NSW 2010 T: (02) 9698 3939 F: (02) 9699 3889 E: john.murray@eclawyers.com.au E: tony.johnston@eclawyers.com.au W: www.eclawyers.com.au