It's all part of the Act

The major changes

In introducing its Fair Work changes to Australian industrial relations, the federal government sought to end what it saw as the dog-eat-dog workplace regime of the Howard Government's WorkChoices laws.

Under the new system, workers again have the right to union representation in enterprise bargaining - the right to get together with co-workers to get a better deal.

There is also more protection from unfair dismissal, and guaranteed minimum conditions that can't be undermined by individual contracts such as Australian Workplace Agreements. There is also the support of an independent umpire with real teeth.
Workers will no longer be forced into AWAs, which were used to attack collective bargaining in the workplace and to erode wages and conditions.

The safety net conditions

Under new National Employment Standards, workers are now guaranteed 10 minimum conditions that will be written into new, modern awards being developed by the Australian Industrial Relations Commission and which will apply from January.

They cover matters such as:

• Hours of work
• Leave - including parental and sick leave
• Public holidays
• Notice and redundancy pay
• The right to request flexible, family-friendly working arrangements
• Minimum wages
• Overtime and penalty rates
• Superannuation
• Dispute resolution
• Representation of workers

What's what in the new system

Under Fair Work there will be a new industrial umpire - Fair Work Australia (FWA) - which
will have beefed-up powers to conciliate, mediate, call compulsory conferences and make recommendations.

FWA will assist with bargaining, including supervising industrial action and facilitating bargaining for low-paid workers through a special panel which meets annually.

The courts will be given enhanced powers to ensure that employers meet their obligations under industrial laws, awards and agreements and be able fine employers that breach workers' rights.From January 2010, FWA will replace the following bodies:

• The Industrial Relations Commission
• The Australian Industrial Registry
• The Australian Fair Pay Commission and Secretariat
• The Workplace Authority.

A Fair Work Ombudsman will oversee the new rules and to deal with complaints about unfair treatment in the workplace, including alleged discrimination.

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