[89] The Fair Work Act 2009 (Cth) distinguishes between cases where a modern award covers an employee, employer or organisation (where it specifically applies to them) and cases where it does apply (where it actually imposes obligations or confers rights): ibid. 46-48. There is an obligation to adhere to a modern distinction: Fair Work Act 2009 (Cth)s 45. Modern allowances generally include terms and conditions relating to minimum wage, penalty rates, types of employment, flexible work arrangements, hours of work, breaks, classifications, allowances, leave and vacation burden, pension plans, and consultation, representation and dispute resolution procedures. In addition to the areas mentioned above, modern rewards can also cover industry-specific severance pay conditions, i.e. what laid-off workers are entitled to. Check out Employsure`s Modern Pricing Guide to learn everything you need to know about this important aspect of industrial relations. [85] Beginning in 2008, the Australian Industrial Relations Commission, and then its successor, the FWA, led a process of modernizing scholarships, reviewing and streamlining existing awards to create simplified „modern awards.“ The price upgrade was completed at the end of 2009 and 122 modern awards went live on January 1, 2010. The FWA continues the process of modernization with regard to corporate instruments and some old state rewards preserved by the national system. See Fair Work Australia, About Award Modernization of 23 April 2012; A Stewart and P Alderman, `Awards` in CCH Australia, Australian Master Fair Work Guide (2010) 147.
The Act created a safety net consisting of national employment standards, national minimum wage ordinances, and a compliance and enforcement system. [4] It also establishes an institutional framework for the administration of the system, which includes the Fair Work Commission and the Fair Work Ombudsman, the Fair Work Departments of the Federal Court and the Federal Judicial Court, and, in some cases, state and territory courts that exercise judicial functions under the Act. [5] 2.50 The main legal mechanism, as opposed to the policy-based mechanism, that currently allows access to flexible working arrangements is the right to request flexible working arrangements under the NES. However, the ALRC is also interested in stakeholder input on ways other than amendments to the Fair Work Act on how the Australian government should develop or promote flexible working arrangements for older workers. [79] Fair Work Act, 2009 (Cth) s 202. In addition, special requirements must be met for an IFA to be applied, including a genuine agreement between the parties and for the employee to be better off overall under the IFA: Fair Work Act 2009 (Cth)s 203. One of the main objectives of the Act is to facilitate negotiations in good faith. [31] This requires each party to make serious efforts in negotiations,[32] including attending meetings in a timely manner, disclosing relevant information, and reviewing proposals honestly and in a timely manner. [33] Capricious or unfair behaviour that undermines collective bargaining is prohibited.
The parties may obtain bargaining orders from the Fair Work Commission if they believe that the other party has not complied in good faith with these bargaining obligations. [32] Good faith negotiations do not require a bargaining agent to make concessions during negotiations on the agreement, nor is it necessary for a bargaining agent to reach an agreement on the terms to be included in the agreement. 2.65 The ALRC believes that the third approach is the most appropriate for several reasons. Figures from the Australian Bureau of Statistics (ABS) show that the likelihood of one person caring for another person increases with age and that the majority of carers in Australia are 45 and over. [78] Consequently, mature workers would mainly benefit from an extension of the application right to workers with family responsibilities. Such an extension would give mature workers the right to request flexible working arrangements to meet their family responsibilities and, given the often gender-specific nature of care, such a reform was of particular importance for mature women. The ALRC therefore proposes that the Australian government extend the right to request flexible working arrangements to all workers with family responsibilities. [115] An employee cannot seek general protection against dismissal at the same time as an application for unfair dismissal: ibid., § 725. The law stipulates that employers must take all reasonable steps to inform employees of their right to a collective bargaining partner no later than 14 days after the date of notification of the agreement. The time of notification is when the employer agrees to bargain or enters into negotiations if the CFF determines that there is a majority among employees in favour of collective bargaining or if a scope order (an order issued by FWC to clarify matters relating to employees covered by an agreement) comes into force. The notice must indicate that the employee may appoint a bargaining representative to represent the employee in the negotiation of the agreement and a matter before the PFC in relation to the negotiation of the agreement. A workers` organization may be the collective representative of a worker only if the organization is entitled to represent the industrial interests of the worker.
A person may dismiss their collective bargaining partner in writing. Bargaining agents are described in section 3 of the Fair Work Act 2009 and may be the employer, a person designated in writing by the employer, the employee or a person designated in writing by an employee. [38] 2.47 The Fair Work Act requires the Director General of the FWA to submit a number of research reports, including: developments in the conclusion of inter-company agreements; the use and content of individual flexibilities; and the application of National Employment Standards (NPS) with respect to workers` demands for flexible working arrangements. [55] Reports to be submitted to the Minister by November 24, 2012.