Fair work legislation 2019 20 contains federal workplace legislation fully consolidated to 1 august 2019 and is designed for use by practitioners, business professionals and students. Modern awards and enterprise agreements may provide for schoolbased apprentices and trainees to be paid loadings in lieu 127. The legislation aims to provide a safety net of minimum entitlements and enable flexible working arrangements and fairness at work. The act also creates a compliance and enforcement regime and establishes several bodies to administer the act, including fair work australia. Fair work act 2009 international labour organization. It is the foundation to all standards and regulations for employment and something that employers in all industries and within all business sizes should be familiar with.
This is a compilation of the fair work act 2009 that shows the text of the law. The current state of play the fair work act brought significant change to australias collective bargaining regime, introducing new concepts e. Fair work regulations 2009 cth employment law centre of wa. Any enterprise agreement sham contracting provisions record keeping obligations employer obligations under the fair work 2009 are upheld by.
The fair work information statement is available from the fair work ombudsman. However, several aspects of the fair work act are relevant to health and safety. Like previous federal legislation, the fair work act 2009 allows state and territory work health and safety whs or ohs laws to continue unaffected as the principal source of whs rules and requirements. In march 2009 the federal government introduced the fair work act to take effect from 1st july 2009 with further amendments to workplace practices taking effect from 1st january 2010. Greenfields agreements both singleenterprise agreements and multienterprise. Name of regulations part 12definitions division 1introduction 1. The fair work act 2009 was introduced to govern australia s workplace relations system and legislate for the entitlements available to australian workers. Download a copy from our fair work information statement page. A small claim proceeding under the fair work act 2009. Fair work handbook page 2 of 19 practical tip free online learning centre weve developed easytouse, free and interactive short online courses to help businesses and managers achieve best practice and compliance with the fw act. Fair work legislation 2019 2020 thomson reuters australia. An act about the relationship of employer and employee.
Fair work commission australias national workplace relations. New fair work information statement weve updated the fair work information statement to make it easier to understand minimum workplace entitlements. We administer a number of laws and regulations that govern australias workplaces. On 9 april 2020, the fair work act was amended to support the implementation and operation of the jobkeeper scheme in australian workplaces. Australia s fair work system coverage of the system key features of the fair work system the fair work commission the fair work ombudsman is the fair work system fit for purpose. As a business owner or employer, you are responsible for. The fair work act prevents employers from requiring an employee to enter into an agreement that removes basic award benefits unless satisfactory compensatory benefits have been included.
Key employer obligations under the fair work act 2009. Fair work act 2009 federal register of legislation. Every worker in australia needs to get a copy of the fwis when they start a new job. Health professionals and support services award 2010. Fair work and other legislation amendment south australian. Giving new employees the fair work information statement division miscellaneous 126. They provide a safety net of minimum entitlements, enable flexible working arrangements and fairness at work and prevent discrimination against employees.
The fair work act 2009 act is the primary piece of legislation governing australia s workplaces. Meanings of australian employer and australianbased. Division 2establishment and functions of fair work australia. It provides for terms and conditions of employment and sets out the rights and responsibilities of employees, employers and employee organisations in relation to that employment. Chapter 3 employers undermining collective bargaining.
This item of legislation includes entitlements and regulations that cover all employees within the australian workforce. The purpose of the fair work amendment bill 20 the bill is to amend the fair work act 2009 the fair work act to strengthen, and broaden the application of, the family friendly provisions of the fair work act and to clarify the right of entry provisions in the fair work act, in order to implement a second tranche of the governments. The fair work regulations 2009 cth set out how the fair work act 2009 cth is applied or how certain words are defined. It is the foundation to all standards and regulations for. This must be given by employers to all new employees. The federal register of legislation is upgrading our website and this item you have requested will be moving to a new location. For information about the changes and how they apply, go to jobkeeper wage subsidy scheme. The fair work act 2009 fw act and the fair work regulations 2009 are the main legislation we deal with. The fair work commission fwc, until 20 known as fair work australia fwa, is the australian industrial relations tribunal created by the fair work act 2009 as part of the rudd governments reforms to industrial relations in australia. Fair work act 2009 cth the act in the current covid19 climate. Fair work commission australias national workplace. The fair work act 2009 cth alrc australian law reform. Fair work ombudsman employer uide to domestic violence 4 the role of the fair work ombudsman the fair work ombudsman fwo is an independent agency created by the fair work act 2009 fair work act.
As previously mentioned, all modern awards are limited to 10 allowable matters. Published under the legislation revision and publication act 2002 1 south australia. It replaced the previous howard governments workchoices legislation. The government has amended the fair work act to enable employers who qualify for, and are entitled to, the jobkeeper payment to temporarily vary work arrangements for eligible employees in order to keep people employed. An act relating to workplace relations, and for related purposes. Fair work in australia workplace employment law employsure. Most businesses including small businesses are now covered by australian employment laws including the fair work act 2009 and fair work regulations 2009 businesses who fail to comply with these laws risk big fines and penalties, expensive backpay orders, damaging employee claims and personal fines for accessorial liability. We help employers and employees understand and follow australian. The changes are temporary, and, at this point, has been said to last for a period of six 6 months i. All national laws and regulations can be accessed from the federal register of legislations website at. Fair work regulations 2009 made under the fair work act 2009 table of provisions chapter 1introduction part 11introduction division 1preliminary 1. The fair work commission is australia s national workplace relations tribunal.
The fair work act 2009 is an australian law passed by the rudd government after coming into power in 2007 to reform the industrial relations system in australia. The primary legislation which governs at the centre of all of australias workplace relations is the commonwealth parliaments fair work act 2009 the act. Posted by fair work legal advice tuesday, may 30 th, 2017 most australians comprehend that an employer must provide a degree of fairness when dismissing an employee from his or her job and that when doing so the process followed also needs to comply with basic decency in terms of the procedure to be followed. The procedural fairness requirements for an effective. The fair work act, regulations and rules make up the main legislation that. The fair work act 2009 act is the primary piece of legislation governing australias workplaces. Fair work amendment improving national employment standards. The fair work act and modern awards queensland law handbook. The fair work commission is australias national workplace relations tribunal. Structure of the report note on references acknowledgement. Fair work handbook page 8 of 19 practical tip check pay rates with our pay calculator our pay and conditions tool pact calculates base pay rates, allowances and penalty rates including overtime. Rectification details act compilation reason for rectification to correct the numbering of paragraphs d and d first and second occurring in subsection 5392 table item 10a, column 2 to paragraphs b and c as the paragraphs were incorrectly numbered during the compilation process. An act relating to workplace relations, and for related purposes administered by. Coronavirus and australian workplace laws find out about your workplace entitlements and obligations, including the new jobkeeper wage subsidy, if youre affected by the outbreak of coronavirus jobkeeper changes to the fair work act on 9 april 2020, the fair work act was changed, with new temporary provisions added in order to help with the implementation of the.