FAIR WORK STATEMENT
Back in May 2009, we advised you that the Workplace Relations Act 1996 (Cth) was to be repealed on 30 June 2009, and would be replaced on 1 July 2009 by the Fair Work Act 2009 (Cth) (“FWA”).
That legislative change gradually brought in fresh reforms to Australia’s industrial relations system. Some particularly important changes will take effect from 1 January 2010.
On 1 January 2010, the National Employment Standard (the “NES”) will take effect, Modern Awards will be begin to apply to a significant number of employees and employers must give each new employee a Fair Work Information Statement (the “Statement”).
The Fair Work Ombudsman just released the Statement that employers must give to each new employee, either before or as soon as practicable after that employee starts employment. The Employer does not have to give a Statement to an employee more than once in any 12 months period. That means, an employer does not have to give a Statement to an employee that has been rehired after a short break.
The Statement, which can be accessed at the http://www.fairwork.gov.au/Pay-leave-and-conditions/Conditions-of-employment/Documents/Fair-Work-Information-Statement.pdfFair Work Australia website provides employees with information on:
- the NES;
- modern Awards;
- agreement making under the FWA;
- individual flexibility arrangements;
- the right to freedom of association and workplace rights as provided for in the FWA;
- termination of employment;
- right of entry (including the protection of personal information by privacy laws); and
- the role of Fair Work Australia and the Fair Work Ombudsman.
The Statement can be provided to employees in a number of ways, including:
- personally;
- pre-paid post;
- emailing a copy of the statement to the employee, or a link to the Statement on either the Fair Work Ombudsman’s website or the Company’s intranet page.
If you have any questions about the Statement, the Fair Work Act or employment law generally, please contact Chris Perkins on 07 3852 5055 or chris@redchip.com.au.
