FACT: If you’re currently trading as a private business, whether incorporated (Pty Ltd) or unincorporated (sole trader, partnership, other) the Fair Work Act (and the related new industrial relations system) applies to your business now (as of January 1st 2010).
Unincorporated businesses that worked under a State award prior to the state Government handover on January 1st will still be subject to the same State based award wages and benefits regime for the next twelve months. However the Federal Fair Work Act provisions will otherwise apply to them. To answer any anomalies, and clarify any confusion we advise you to contact:
NSW Office of Industrial Relations to explain exactly what still applies. Contact Ph: 131 628 or visit www.industrialrelations.nsw.gov.au
QLD Chamber of Commerce and Industry. Contact Ph: 1300 138 470 or visit www.cciq.com.au
FACT: It is your responsibility as a business owner/director to ensure you are aware of your obligations and are complying with the new laws
Under the Fair Work Act and related legislation, all private sector business employers must comply with the 10 new National Employment Standards:
- Ordinary hours set at a maximum of 38 per week
- You must provide all new employees with a Fair Work Information Statement
- Employees have a right to request flexible working arrangements in certain circumstances
- Most employees are eligible to apply for up to 24 months of unpaid parental leave
- Annual leave entitlements – 4 weeks minimum (5 weeks for shift workers)
- Most employees are eligible for personal/carer’s and compassionate leave
- Most employees become eligible for up to 10 paid community service leave days/year
- Long service leave entitlements
- Certain public holidays guaranteed
- New termination and redundancy pay and notice entitlements
Please note we have been advised that small businesses (under 15 Full Time Equivalent employees) are exempt from the Termination and Redundancy Standard, and have access to the Small Business Unfair Dismissal Code when dismissing an employee.
