Employment law in Australia is one of those areas of law that is constantly changing and evolving and right now we’re seeing some of the most drastic changes in recent years, as the Fair Work Amendment Bill 2014 (“the Bill”) goes before the Senate. This Bill is expected to pass before the end of the year and bring with it the first major changes to employment law of the Abbott government.
A few of the more significant updates which are expected include:
Repeal of Right of Entry Provisions Introduced in the Fair Work Amendment Act 2013:
In 2013 a new provision was added to the Fair Work Amendment Act which enabled a union official to enter a workplace in order to hold discussions with employees if it was entitled to represent the industrial interests of employees in this workplace. The Bill will repeal this provision, limiting the right of entry provision to only allow entry by union officials where the union is bound by an award or enterprise agreement that covers the workplace and there are union members present.
Changes to the Transfer of Business Provisions:
As the Act currently stands the default position is that where the business ownership is transferred the enterprise agreement that its employees are paid under becomes binding on the new employer. In order to make any alterations the new owner must seek an order from the Fair Work Commission to enable this.
The Bill will change this default position, where employees at their own initiative seek employment with the new owner, to be paid under the terms and conditions of the new employer, rather than the old enterprise agreement.
The aim of this is to make the sale and purchase of businesses easier and less burdensome on owners.
Other Business Law Changes:
The Fair Work Commission will gain greater powers to dismiss an unfair dismissal application in certain circumstances.
There will be wider minimum requirements for flexibility terms in enterprise agreements.
Employers will not be able to refue a request for the extension of unpaid parental leave unless the employee has been given a reasonable opportunity to discuss the request.
A clarification of the requirements of the ‘better off overall test’ when entering into individual flexibility agreements.