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Everyone who works in Australia, regardless of their occupation, is affected by the Government's new industrial relations changes.
The following is a summary of the WorkChoices system which came into effect on Monday 27 March 2006.
The information is taken from fact sheets released by the Department of Employment and Workplace Relations and is divided into 3 sections:
- An overview of WorkChoices
- Negotiating with your employer
- Unfair and unlawful termination
An overview of WorkChoices
How the system works
WorkChoices aims to simplify and create more flexibility in workplace relations. It removes matters already covered by legislation, rationalising awards and reviewing existing award classification structures. It uses a single set of rules for minimum:
- terms
- conditions
- awards
- agreements.
Wage rates
The Australian Fair Pay Commission (AFPC) has been formed to administer wage rates. The new AFPC Standard will cover the following key minimum conditions:
- annual leave
- personal or carers leave
- parental leave
- maximum ordinary hours of work.
In regard to trade unions:
All employees will retain the right to belong to, or not belong to, a trade union. An employer cannot dismiss an employee because they belong, or do not belong, to a union.
WorkChoices protects lawful industrial action such as, for workers, strikes and work bans; and, for employers, lockouts.
Bargaining agents:
All employees have the right to appoint a bargaining agent to help them in negotiating agreements, whether individual or collective. A bargaining agent can be a friend, relative, union representative or lawyer.
The full fact sheet is available here: WorkChoices summary (PDF).
Agreement making
Negotiating with your employer
Under WorkChoices, employees can negotiate either individually (Australian Workplace Agreements) or collectively with employers, to cover:
- pay
- hours of work
- annual leave
- casual loadings.
All agreements will now be lodged through the independent Office of Employment Advocate (OEA).
Minimum standards
All agreements must meet Australian Fair Pay and Conditions Standards, including:
- minimum and classification wages
- a maximum of 38 hours per week of work
- four weeks of annual leave per year (with five weeks for shift workers who regularly work Sundays and public holidays)
- 10 days of personal/carer's leave per year, with provision for additional unpaid personal/carer's leave and compassionate leave
- 52 weeks of unpaid parental leave
- casual loadings.
Other conditions can be added by agreement between employers and employees. An existing employee cannot be forced to make an AWA.
The full fact sheet is available here: WorkChoices and agreement making (PDF).
Unfair and unlawful termination of employment
Unfair termination
Employees may lodge claims for unfair dismissal with the Australian Industrial Relations Commission (AIRC) if they believe their dismissal was unjust and they:
- work for a business with more than 100 employees
- have worked for the same employer for at least six months
- are employed by a company that is incorporated or:
- are employed in Victoria, ACT or Northern Territory
- are a Commonwealth employee
- are employed as a waterside worker, maritime employee or flight crew officer.
Employees are excluded from the new laws if they are:
- employed by a business with up to or fewer than 100 employees
- seasonal workers
- engaged under a contract of employment for a specified period or task
- on probation
- casual employees engaged for a short period
- trainees
- earning $94,900 or more per year.
The new laws prevent companies from splitting their operations into smaller businesses of fewer than 100 employees.
Unlawful termination
Any employee may apply to the AIRC if they believe their employment was terminated for an unlawful reason, such as:
- temporary absence from work because of illness or injury
- trade union membership or activities outside working hours (or during working hours with the employer's consent)
- non-membership of a trade union
- seeking office as a representative of employees
- filing a complaint, or participation in proceedings, against an employer
- race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin
- refusing to negotiate or make an AWA
- absence from work during maternity leave or other parental leave
- temporary absence from work because of a voluntary emergency management activity.
An employee does not need to have completed a qualifying period of employment before making an unlawful termination claim and there is no income restriction. ... The Australian Government will provide financial assistance for legal advice to eligible employees who believe their employment may have been unlawfully terminated.
The full fact sheet is available here: WorkChoices and unfair and unlawful termination of employment (PDF).
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