unpacking the fair work act amendments june 2013 presented by kristin ramsey associate director
TRANSCRIPT
Unpacking the Fair Work Act Amendments
June 2013
Presented by Kristin Ramsey
Associate Director
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Session overview
• Key areas for amendment
• What’s next?
• Recommendations
Unpacking the Fair Work Act Amendments
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Key areas for amendment
Proposed amendments
Family friendly
measures
Bullying protections
Union right of entry
Modern Awards
FWC functions
Technical amendments
Unpacking the Fair Work Amendments
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Family friendly measures – parental leave
• Unpaid parental leave not reduced by special maternity leave
• Concurrent leave increased to 8 weeks
• Extension of right to transfer to a safe job
Unpacking the Fair Work Amendments
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Family friendly measures – flexible work
• Expansion of categories of employees who can request flexible work arrangements
• Express right to request part time work on return from parental leave
• Reasonable business grounds defined:– excess cost– impracticability – inability to reorganise arrangements of other employees – adverse impact on efficiency, productivity or customer
service
Unpacking the Fair Work Amendments
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Family friendly measures –changes to working hours
• Express obligation to:– consult about changes to regular roster of
ordinary working hours– provide information about changes– invite employee comment and consider comments– permit representation during consultation
• Changes to model award and EBA consultation clauses
Unpacking the Fair Work Amendments
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Anti bullying measures
• Preventative complaint process through FWC
• Jurisdiction accessible by “workers”
• Bullying – repeated unreasonable behavior towards a worker that creates a risk to health and safety
• FWC has broad power to make orders
• Orders enforceable as civil remedy provisions
• FWC can refer to WHS regulator
Unpacking the Fair Work Amendments
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Modern Awards
• New objective to protect penalty rates
• FWC to take into account the need for additional remuneration for:– overtime– unsociable, irregular or unpredictable hours– weekend and public holiday work– shift work
Unpacking the Fair Work Amendments
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Union right of entry
• Meetings and discussions to be held in an agreed place
• Where no agreement – default is the place where employees ordinarily take meal breaks
• Employer to organise transport/accommodation where otherwise not publically available
Unpacking the Fair Work Amendments
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Other amendments
• FWC functions
• Technical amendments
• Transitional provisions
Unpacking the Fair Work Amendments
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What’s next?
• Next steps
• Further changes?
• Award wage and superannuation increases
Unpacking the Fair Work Amendments
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Recommendations
• Inform management and key employees regarding changes
• Review and update policies, procedures & contracts
• Conduct training for line managers & other decision makers
Unpacking the Fair Work Amendments
Unpacking the Fair Work Act Amendments
Presented by Kristin Ramsey
Associate Director