Unpacking the Fair Work Act Amendments

June 2013

Presented by Kristin Ramsey

Associate Director

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Session overview

• Key areas for amendment

• What’s next?

• Recommendations

Unpacking the Fair Work Act Amendments

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Key areas for amendment

Proposed amendments

Family friendly

measures

Bullying protections

Union right of entry

Modern Awards

FWC functions

Technical amendments

Unpacking the Fair Work Amendments

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Family friendly measures – parental leave

• Unpaid parental leave not reduced by special maternity leave

• Concurrent leave increased to 8 weeks

• Extension of right to transfer to a safe job

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Family friendly measures – flexible work

• Expansion of categories of employees who can request flexible work arrangements

• Express right to request part time work on return from parental leave

• Reasonable business grounds defined:– excess cost– impracticability – inability to reorganise arrangements of other employees – adverse impact on efficiency, productivity or customer

service

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Family friendly measures –changes to working hours

• Express obligation to:– consult about changes to regular roster of

ordinary working hours– provide information about changes– invite employee comment and consider comments– permit representation during consultation

• Changes to model award and EBA consultation clauses

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Anti bullying measures

• Preventative complaint process through FWC

• Jurisdiction accessible by “workers”

• Bullying – repeated unreasonable behavior towards a worker that creates a risk to health and safety

• FWC has broad power to make orders

• Orders enforceable as civil remedy provisions

• FWC can refer to WHS regulator

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Modern Awards

• New objective to protect penalty rates

• FWC to take into account the need for additional remuneration for:– overtime– unsociable, irregular or unpredictable hours– weekend and public holiday work– shift work

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Union right of entry

• Meetings and discussions to be held in an agreed place

• Where no agreement – default is the place where employees ordinarily take meal breaks

• Employer to organise transport/accommodation where otherwise not publically available

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Other amendments

• FWC functions

• Technical amendments

• Transitional provisions

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What’s next?

• Next steps

• Further changes?

• Award wage and superannuation increases

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Recommendations

• Inform management and key employees regarding changes

• Review and update policies, procedures & contracts

• Conduct training for line managers & other decision makers

Unpacking the Fair Work Amendments

Unpacking the Fair Work Act Amendments

Presented by Kristin Ramsey

Associate Director

Kristin.Ramsey@hyneslegal.com.au