With less than a month to go before the commencement of the Federal Government's new safety net of minimum employment conditions, it is essential that all businesses take steps to be ready for the changes.
To reinforce this, the Fair Work Ombudsman put out a media release on 1 December 2009 urging small businesses to prepare for the changes.
To ensure compliance with the new workplace laws, businesses need to be aware of the following:
- the National Employment Standards, which contain the minimum employment conditions applicable from 1 January 2010;
- modern awards that will be applicable to their business from 1 January 2010;
- how and when to use Individual Flexibility Arrangements and Guarantees of Annual Earnings for High Income Employees;
- implications of and procedures for making an Enterprise Agreement with employees;
- good faith bargaining obligations if negotiating an Enterprise Agreement with employees; and
- compliance obligations under unfair dismissal laws in the event of a termination, including how small businesses comply with the Small Business Fair Dismissal Code.
Businesses must also ensure they are:
- keeping required records; and
- providing pay slips to employees.
Importantly, we note that on Friday 4 December 2009, the Australian Industrial Relations Commission is due to hand down its decision on stage 4 modern awards. We will provide further information regarding the impact of this decision after its release.
Please contact a member of the Hall & Wilcox Employment team to assist you in preparing for the new changes.
For further information, please contact: