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WHAT'S NEW?
Unfair Dismissal
The old ‘less than 100 employees’ exemption has been removed, and employees can generally make a claim against you for unfair dismissal, except where you employ:
- less than 15 employees – the person cannot make a claim in the first 12 months of their employment; or
- 15 or more employees – the person cannot make a claim in the first 6 months their employment.
A person cannot make an unfair dismissal claim against you if the person was employed under a contract of employment for a specified period of time, for a specified task, or for the duration of a specified season, and the employment has terminated at the end of that period, upon the completion of the task, or at the end of that season; or if the person was employed under a training contract (i.e an apprenticeship).
Enterprise Agreements
Enterprise Agreements can now be made with at least two (2) of your employees, and new rules apply. Note that you can no longer have ‘individual’ agreements with each employee, as AWAs are no longer allowed.
Right of Entry
New rules apply to a trade union’s right to enter your building site for the purpose of investigating a suspected breach of industrial relations laws, occupational health and safety laws, or to hold discussions with your employees.
WHAT IS STILL THE SAME?
The following parts of the old ‘WorkChoices’ laws will still apply until 31 December 2009:
- The five minimum employment conditions, being the minimum wage, maximum hours of work, annual leave, sick leave, parental leave
- Public Holidays
- Unlawful termination
Home Building Business Centre will release more information later this year when the final round of Fair Work changes are due to take effect.
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