In compliance with the amendments to the Government’s fairness test legislation, which has recently passed through parliament, a new fact sheet that covers the new workplace relations system has been made available.
The Fact Sheet.
The contents of the fact sheet summarises:
• The new fairness test;
• The Australian Fair Pay and Conditions Standard;
• Record keeping obligations;
• Unlawful dismissals; and
• Freedom of association provisions.
The fact sheet also states that the fairness test will apply to agreements within industries or occupations where an award usually applies but which has had certain conditions removed or changed. These include:
• Penalty rates for public holidays and weekends;
• Shift and overtime loadings;
• Monetary allowances;
• Annual leave loadings;
• Public holidays;
• Rest breaks; and
• Incentive – based payments and bonuses.
Employers Obligations
It is required that employers provide this fact sheet to all current federal system employees by October 20 2007. There is no requirement that it be explained in any way. From July 20, employers must provide the fact sheet to all new employees within seven days of the employees commencing work.
These details were announced on Wednesday, July 4 by Workplace Relations Minister Joe Hockey at a media launch in Brisbane with the newly appointed Workplace Authority director Barbara Bennett and Workplace Ombudsman Nicholas Wilson.
Consequences of failing to comply
Employers face fines for failing to comply with these requirements. They will be fined $110 for every employee who does not get the fact sheet in time. However, Minister Hockey was keen to stress that the Ombudsman would seek voluntary compliance prior to considering any legal action against employers.