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C098/09 01 July 2009 Circular To: All AffiliatesThe SecretaryRE: Fair Work Act
Dear Colleague,
As you are aware today marks the beginning of the new Fair Work Act which sees the end of WorkChoices. From today there will be new enterprise bargaining rules in place, which obliged all employers to bargain in good faith including provisions which gives the Commission the power in low pay sectors to arbitrate on the first bargaining round. Most importantly unfair dismissals rights have been restored. Employees of small businesses (now defined as under 15 employees) will have access to unfair dismissal rights after 12months of service, whilst for larger employers it will be 6 months of service. Under the new laws unions will also have greater easier access to workplaces. Affiliates should note that the new national employment standards and modern awards system will begin operating from 1 January 2010. Fair Work Australia will be the new body that will replace the Australian Industrial Commission the Workplace Ombudsman and the Workplace Authority. The Federal Government has set up an online information service with respect to the Fair Work Act and Fair Work Australia. The online service can be found http://www.fairwork.gov.au/ Affiliates are encouraged to utilise these services. Unions NSW over the next few months will be organising special seminars for organisers with respect to the new Act. Yours fraternally
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