Insight: New employment laws and you Byline goes here
Few people would be unaware of the federal government’s proposed far-reaching changes to employment laws.
The proposed changes have been the subject of advertising campaigns from both major political parties, as well as demonstrations and substantial media and public comment.
One of the government’s basic aims is to try and “move away” employees from the centralised award system.
The principal way it seeks to achieve this is by the introduction of Australian Workplace Agreements (AWAs).
The introduction of AWAs does not abolish any state or federal award, although such an agreement will override any award that would otherwise have applied.
The government proposes that AWAs should include certain minimum guarantees, such as those covering minimum wage, annual leave, sick leave, unpaid parental leave, and the 38-hour week.
Also proposed is a “no-disadvantage test” designed to ensure that employees are not disadvantaged so far as their rights under the new system are concerned compared with any rights applying under an award.
Another substantial change to be introduced is an exemption from unfair-dismissal laws for any businesses with up to 100 staff.
About 99 per cent of the workforce is employed by companies with fewer than that number. Accordingly, that change will have a far-reaching effect.
While the government does propose to exempt such businesses from the unfair-dismissal laws, employees will have some limited rights and some limited protection where there is an unlawful dismissal.
Grounds for an unfair dismissal include the following:
n Discrimination on the ground of family responsibilities.
n Pregnancy.
n Race and gender.
n Union membership and political affiliations.
Accordingly, employees in such businesses will have only limited rights in the event of their dismissal.
Furthermore, they will not have the “easy and ready” access that they currently have to tribunals with employment-law jurisdiction, such as the Industrial Relations Commission. Such claims are likely to be litigated more in line with commercial litigation.
The proposed changes are certainly controversial. Time will tell whether their introduction will achieve the objectives the government says it seeks to achieve, notably the creation of jobs.
Barrie Goldsmith is principal of Australian Travel & Tourism Lawyers, Sydney. Email: goldlaw@bigpond.com
