Last stage of Workplace Reform (for now): 1 January 2010
By Stephen Mackie,
Workplace Relations, Deacons

This marks the end of the 3 year-process of replacing the Howard government’s WorkChoices amendments with the Rudd Government’s Fair Work Act 2009 (Act).  Most aspects of the Act commenced in 1 July 2009, but from 1 January 2010, the following, final pieces of the Act will commence:

• 	The “National Employment Standards” (NES) – 10 legislated minimum conditions of employment; and
  	Modern Awards – there are now only 122 Awards (reduced from thousands) which contain minimum employment standards for many employees across the nation.

  
  These changes will affect almost all businesses across the nation, and so your clients, whether they are employers or employees, should be alert to any potential changes that could affect their employment relationships. 

Employment law is highly regulated – do not just assume that a contract will be sufficient to remove obligations imposed by the Act.

Some changes to be aware of include:

• 	The right to request a “flexible working arrangement” to help care for children under school age;
  	Award free employees (such as admitted lawyers) can now cash out annual leave in certain circumstances;
  	Modern Awards could affect the minimum pay and conditions of employees, even if they are covered by a Workplace Agreement.  Employers should check the award coverage of their employees, and confirm whether their Award now imposes any additional obligations.

   

•