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Unpacking the Fair Work Act Amendments June 2013

Unpacking the Fair Work Act Amendments June 2013. Presented by Kristin Ramsey Associate Director. Session overview. Key areas for amendment What’s next? Recommendations. Key areas for amendment. Family friendly measures – parental leave.

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Unpacking the Fair Work Act Amendments June 2013

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  1. Unpacking the Fair Work Act AmendmentsJune 2013 Presented by Kristin Ramsey Associate Director

  2. Session overview • Key areas for amendment • What’s next? • Recommendations Unpacking the Fair Work Act Amendments

  3. Key areas for amendment Unpacking the Fair Work Amendments

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. Other amendments • FWC functions • Technical amendments • Transitional provisions Unpacking the Fair Work Amendments

  11. What’s next? • Next steps • Further changes? • Award wage and superannuation increases Unpacking the Fair Work Amendments

  12. 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

  13. Unpacking the Fair Work Act Amendments Presented by Kristin Ramsey Associate Director Kristin.Ramsey@hyneslegal.com.au

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