The Commonwealth Government’s Fair Work Act 2009 comes into effect from the 1st July 2009 and has implications for all businesses large and small. The Fair Work Act, when fully implemented, will replace the Workplace Relations Act 1996 and obligations created under Work Choices, which have governed the recent employment framework. Although its stated objective is “to provide a balanced framework for cooperative and productive workplace relations that promotes national economic prosperity and social inclusion for all Australians” (Fair Work Act 2009), it brings with it new challenges for business in meeting compliance obligations.  Major changes include:

       •    Reintroduction of Unfair Dismissal
 
       •    Introduction of a ‘Fair Dismissal Code’
 
       •    Right of entry into your premises in certain circumstances
 
       •    Access to, and copying of, employee and organisation records in
          certain circumstances
 
       •    New modern award system replacing the existing award system
 
       •    The Australian Industrial Relations Commission and the Workplace
          Ombudsman to be replaced with Fair Work Australia
 
       •    National minimum wages for non-award and agreement employees
 
       •    Rights associated with casual employees and independent contractors
 
       •    Redundancy provisions
 
       •    10 national employment standards covering:
 
            o    Hours of work
 
            o    Flexible working arrangements
 
            o    Parental, annual, personal carers, and long-service leave
 
            o    Community service
 
            o    Public holidays
 
            o    Termination and redundancy

Penalties for Fair Work Non-Compliance

A penalty of $3,300 to $6,600 is applicable for each and every offence the offending organization is found in breach by the Fair Work Authority. These figures are cumulative in instances where the organization is found in breach of multiple offences.

The Solution

By conducting a thorough audit of your organisation’s existing policies and procedures, we can quickly and accurately identify where you do and do not comply with the Fair Work Act and assist you through the process toward compliance.  If you have no existing procedures or policies, we can assist you to create them, and better ensure you fulfil your Fair Work Act compliance obligations. A small investment now may save you many thousands more in the future. Further, you will have the peace of mind knowing your employees and other stakeholders are better looked after when at work. Don’t take the risk of waiting until something happens, contact the professionals at Quantum HR now!