The federal government has introduced new legislation that will change the way workplace relations system works in Australia. After the laws have passed through Parliament, the system that previously existed (WorkChoices) will be replaced.
The new system should be fully in place by 2010 and is based on these principles:
- A safety net of minimum employment conditions made up of National Employment Standards (the NES) and modern awards
- Good faith bargaining
- Protection from unfair dismissal
- Protection for the low-paid
- Balance between work and family life
- The right to be represented in the workplace
Instead of seven different government agencies, there will be one place to go with your questions, called Fair Work Australia.
How does it affect my rights?
Your rights at work could be outlined in a legal document (an agreement) such as:
- Federal or state awards
- Common law employment contracts (for example, through a letter of appointment)
- Collective agreements (for example, negotiated by a union)
- Australian Workplace Agreements (AWAs) – before 27 March 2008
- Individual transitional employment agreements (ITEAs)
These agreements are affected by the new laws so your rights and obligations at work may change. For more information about these different types of employment agreements, contact the Workplace Authority (new window).
What’s happened so far?
The first steps happened when:
- The Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 came into effect on 27 March 2008
- The Fair Work Bill 2008 was introduced into Parliament, to be considered by a full Senate Committee enquiry in 2009
This means that new Australian Workplace Agreements (AWAs) can no longer be made, and existing AWAs will remain until they reach their expiry date, are terminated or replaced with an individual transitional employment agreement (ITEA).
You can’t be forced to sign an agreement, but it may be a condition of your employment that you need to sign an ITEA until 31 December 2009.
A no-disadvantage test (NDT) is used by the Workplace Authority to assess workplace agreements to make sure that all employees aren’t worse off under the agreement than they would be under the relevant award or collective agreement.
What happens next?
The next steps are expected to be:
- Commencement of the Fair Work Bill on 1 July 2009
- A new safety net of modern awards and the National Employment Standard to start on 1 January 2010
When the Fair Work Bill is passed, there will be a range of other changes. Visit the workplace.gov.au website (new window) to find out what’s in the works.
How do I find out more?
The Victorian Government has released The Changing Industrial Relations System: What Parents and Young People Should Know. Print or download the publication for detailed information about your rights under the new system.
» The Changing Industrial Relations System: What Parents and Young People Should Know (PDF 182 Kb)
The booklet features information about:
- How to tell whether you're a fulltime, part-time or casual employee
- What kind of contracts and agreements exist under the new system
- What kind of employment records you should keep
- How the new system affects apprentices
- Whether or not you can be dismissed from your job
- Other employment rights
If you’re worried that you’re not currently receiving your minimum rights, contact the Workplace Ombudsman (new window) through their website on the help line at 1300 724 200. They have a factsheet especially for first-time workers.
Links
Australian Workplace - Australia's New Workplace Relations System
An overview of the changes ahead for Australian workers as a result of the Fair Work Bill 2008.
Workplace Ombudsman
With fact sheets, templates, live online help and a web-based complaints service, this site from the Office of the Workplace Ombudsman has extensive information on workplace law and the new system.
Workplace Authority
Get advice, assistance, information and education on workplace agreements and awards made under the Workplace Relations Act 1996.
