| Resource Centre – Implementing the Fair Work Act in 2010 | |
The Fair Work Act 2009 provides for a new safety net of enforceable minimum conditions in the form of National Employment Standards (NES). These along with Modern Awards applied from 1 January 2010.
At the same time, NSW, SA, Tasmania, and Queensland passed legislation to refer their respective systems governing workplace relations to the Commonwealth, and Victoria renewed their referral. Under the referrals, state awards in NSW, SA, Tasmania, and Queensland have been preserved until 31 December 2010, but now operate in conjunction with the NES.
Hence, since 1 January 2010, organisations that are not trading corporations in New South Wales, Queensland, South Australia and Tasmania have been covered by the national system rather than their own specific state system. Employers that were already operating under the national system such as Victoria, NT, ACT and trading corporations in all other States continue to be covered by the Federal system and are covered by modern awards.
Western Australia has chosen to retain their own state workplace relations system which will continue to apply to organisations that are not constitutional trading corporations.
What needs to be done from 1 January 2010:
- Provide the Fair Work Information Statement to new employees;
- Prepare for Flexibility requests. To assist, Jobs Australia has developed a sample policy.
- For all community sector employers other than those still covered by the WA state system, check that you are complying with the NES and that you have identified the correct award to be using. The guides below will assist you to do this.
Useful links – keep an eye on this site as we update and add to these links over coming months
Jobs Australia summaries and guides
Awards and Pay Rates
Jobs Australia has now published pay tables incorporating the minimum wage decision and the commencement of phasing in for some modern awards. To find your pay table go to this link:
Pay Tables – Modern awards affecting old federal awards and NAPSAs
and also keep an eye on the Awards and Pay Tables section of this website.
Also see:
Fair Work Online resources
Decisions of Fair Work Australia