Information on Australia's New Workplace Relations System
Australia’s workplace relations system – Fair Work
Australia’s workplace relations system changed on 1 July 2009, with a new national system for employees and employers across Australia.
This system, called Fair Work, is designed to balance the needs of employees and employers.
From 1 January 2010, the final elements of the new national system will be in place, making the Fair Work system fully operational.
Employers and employees need to be aware of these new changes and what they mean for them.
What are the key features of Fair Work?
The new Fair Work system came into effect on 1 July 2009 following the passing of the Fair Work Act. The new system now applies to all employees and employers operating under the federal workplace relations system.
Key features of the new system include:
- A special low-paid bargaining stream designed to help workers who have missed out on the benefits of bargaining in the past - these include workers in areas like child care, aged care, community services, security and cleaning, who are often paid the basic award rate. In the special low-paid stream, Fair Work Australia will facilitate the making of agreements and will play a hands-on role to get the parties bargaining.
- Protection from unfair dismissal - there are new laws designed to make sure good employees are protected from being dismissed unfairly while allowing employers to manage underperforming employees with fairness and confidence.
- Good faith bargaining at the enterprise level - the Fair Work system has a focus on employers and groups of employees working together to negotiate agreements.
- Streamlined and strengthened general protections for workers - with the freedom to choose to be represented in the workplace as a key part of the new system.
- A new national workplace relations tribunal - Fair Work Australia.
- A new inspectorate body - headed by the Fair Work Ombudsman.
- A new information and advice service - employers and employees can access a one-stop-shop for information and advice by visiting Fair Work Online or calling the Fair Work Infoline on 13 13 94.
What will change on 1 January 2010?
From 1 January 2010, there will be new minimum conditions for employees. This safety net is the last part of the Fair Work Act to come into effect and means that the Fair Work system will be fully operational.
The new safety net is designed to protect employees and make the system easier to understand for employers. It is made up of two parts:
- National Employment Standards: these are 10 minimum employment conditions for all employees in the national workplace relations system. These conditions cannot be stripped away, and must be included in agreements.
- Modern awards: these are new, streamlined awards to replace thousands of existing awards and cover many employees and employers in the national workplace relations system.
One of the requirements of the National Employment Standards is that employers provide all new employees with a copy of the Fair Work Information Statement, a fact sheet which contains information about the key elements of workplace relations system. A copy of this fact sheet is available from Fair Work Online.
The New Employment Standards also have provisions to help support parents and carers in balancing their work and family responsibilities. For the first time in Australia, working parents will have the right to request flexible working hours or additional parental leave.
What is Fair Work Australia?
Fair Work Australia is the independent umpire for workplaces in Australia. Fair Work Australia has the power to vary awards, make minimum wage orders, approve agreements, determine unfair dismissal claims and make orders on such matters as good faith bargaining and industrial action, helping employees and employers resolve disputes at the workplace. Fair Work Australia began operating on 1 July 2009.
What is the role of the Fair Work Ombudsman?
The Office for the Fair Work Ombudsman has been established to promote productive, harmonious and cooperative workplace relations and to help employers, employees and organisations to comply with the Australian Government’s new workplace relations laws. The Office of the Fair Work Ombudsman began operating on 1 July 2009.
Where can I get more information?
- For information and advice about the Fair Work system including your entitlements and obligations, please visit Fair Work Online or call the Fair Work Infoline on 13 13 94.
- For more information on the Fair Work system, view the Fair Work fact sheets on the resources page.