The Workplace Relations Amendment (Work Choices) Act 2005 (Cth) came into operation on 27 March 2006, completely overhauling its predecessor, the Workplace Relations Act 1996 (Cth).
While the fundamental purpose of the new “Work Choices” legislation is to create an efficient, uniform set of laws for all Australians, it has created waves of uncertainty and debate as to what the future holds for employment security, bargaining power and the right to commence industrial action. The following is a brief overview of how your rights may be affected under the brave new system of Work Choices.
Work Choices and awards
Under the old system, awards set out your minimum entitlements such as hours of work, minimum rates of pay and any policies concerning whether you are a casual or an ongoing (permanent) employee.
Under Work Choices, a number of terms currently contained in some awards will become non-allowable, which means that they will no longer be enforceable. These include:
- conversion from casual employment to another type of employment;
- restrictions on the range and duration of training arrangements;
- restrictions on the engagement of independent contractors and requirements relating to the conditions of their engagement;
- union picnic days; and
- trade union training leave.
Annual leave, personal/carer’s leave, parental leave, long service leave, jury service, notice of termination and superannuation provisions in awards will also no longer be “allowable” and may not be included in awards or varied.
Work Choices allows only a few minimum conditions to be regulated by law. All other entitlements must be negotiated with your employer through an Australian Workplace Agreement (AWA) or through a collective agreement.
Often, workers do not have the experience or confidence to negotiate their employers in the first place, let alone negotiating their rights under a completely new system. Speak to us at Solari Legal so that you can confidently negotiate and protect your rights at work.
What is an AWA?
Under the new system, an AWA can contain wages and conditions that are lower than in the award.
If you sign an AWA without seeking expert advice, you may lose your right such as:
- weekend or public holiday rates of pay;
- notification in advance about roster changes; and
- any rights under an award.
If you are currently employed, you may not be required to sign an AWA to keep your job. However, if you are starting a new job, you may be required to enter an AWA. It is imperative that as a new employee you seek expert legal advice to ensure you obtain more than just the minimum legal entitlements.
Can I be fired or forced to quit?
The new system provides employees with no protection from unfair dismissal in businesses with 100 workers or less. This means, for instance, that you will no longer be able to do anything about being sacked if you:
- did not get any warning;
- did not have the reasons for your dismissal explained to you; and/or
- were given no opportunity to answer the allegations against you.
However, you still cannot be sacked contrary to anti-discrimination legislation for reasons such as gender, sexuality, religious affiliation, disability or disease.
You also cannot be sacked where your employer’s actions amount to a breach of contract.
If your employment has been terminated, you need to speak to a solicitor immediately to ensure that you have not been sacked contrary to the new laws.
Birth of a new industrial era
Work Choices has had a rocky start, as employees, employers, unions and Government departments attempt to grapple the legislation in all its 400 or so pages.
Already disputes have arisen over unfair sackings via SMS, failure to pay employees when they stopped to raise funds for a deceased colleague - there is even State government action against the legislation at High Court level.
However, timely legal advice will enable you to negotiate your concerns confidently and effectively with your employer, ensuring your interests are protected. So speak to us at Solari Legal. It’s your choice.
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