View newletter in original format

From 20 July, all employers must provide (within 7 days of start) a Workplace Relations Fact Sheet that assists employees understand the rights and obligations surrounding the workplace relations system as well as the ‘Fairness tests’ that can be applied for workplace agreements. For existing employees, employers have until 20 October to issue to be compliant to their legal obligation.

So what's in the new Fact Sheet?

Briefly it explains what conditions and entitlements employees should expect and extends to the fairness test, the AFPCS, record-keeping obligations, unlawful dismissals, and freedom of association provisions. It also provides a definition of the Workplace Authority who helps employers and employees in its’ advisory capacity.

Distributing to your employees is by no means limited. Recommendations that have been provided include:

• Download the fact sheet and email to staff
• Download the fact sheet, post it on your intranet, and email a direct electronic link to the fact sheet to all employees. The link must directly open the fact sheet file, not just the home page of the intranet site
• Download the fact sheet and print copies to distribute
• Order from the Workplace Infoline PH:1300 363 264
• Or order printed copies. from the new Workplace Authority website

And what about the Fairness Test?

The fairness test applies to agreements in industries or occupations where an award usually applies that have had certain conditions removed or changed. These are:

• penalty rates, including working on public holidays and weekends;
• shift and overtime loadings;
• monetary allowances;
• annual leave loadings;
• public holidays;
• rest breaks;
• incentive-based payments and bonuses.

The fairness test will apply to workplace agreements lodged on or after 7 May 2007. Where an agreement, including an agreement made before 7 May 2007, is varied, the whole agreement will be subject to the fairness test - but only if the variation excludes or modifies protected award conditions.

The fairness test will apply to employees with a gross basic salary of less than $75,000 per annum who are employed in an industry or occupation in which the terms and conditions are usually regulated by an award, and where the agreement excludes or modifies protected award conditions.