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Outlook> 2008> February
More support for workers in Aus
AUSTRALIA'S federal workplace relations system covers an estimated 85
per cent of the workforce. Changes have been made to the system that
provide improved protection and support for working Australians.
The Workplace Authority-improved protection in the workplace
The Workplace Authority has been established to provide help,
information and advice to all employees and employers about the
Australian workplace relations system.
The Workplace Authority is also the key point of contact for assistance and information on workplace agreements.
Know your agreement
There are a variety of working arrangements available under the workplace relations system. These include:
- Australian workplace agreements
- collective agreements
- union collective agreements; and
- industry awards.
Protections are in place for all of these arrangements.
Know your rights
All full-time employees are protected by a key set of pay and conditions which cover:
- Guaranteed minimum wage rates.
- Maximum working hours.
- Four weeks paid annual leave.
- Two weeks paid personal/carer's leave.
- One year unpaid maternity or paternity leave.
Part-time employees get similar entitlements based on their hours of work.
Casual employees are guaranteed minimum wage rates, casual loadings and unpaid carer's leave.
Employees cannot be sacked because of their race, gender, age,
disability, religion, pregnancy, family responsibilities or trade union
membership.
Employees also have the right to join, or not join, a union.
Employees must be issued pay slips and have accurate and complete time and wage records kept by their employer.
The Fairness Test
The Australian Government has introduced a Fairness Test for workplace
agreements. Under this Test, the Workplace Authority checks agreements
to make sure that employees receive fair compensation if they have
agreed to change or remove protected award conditions. In most cases,
fair compensation will mean a higher rate of pay.
Protected award conditions include:
- Penalty rates
- Shift and overtime loadings
- Monetary allowances
- Annual leave loadings
- Public holidays
- Rest breaks
- Incentive-based payments and bonuses.
If the Workplace Authority finds that an agreement does not provide fair compensation, the employer has 14 days to amend it.
If an agreement is not amended, it will fail the Fairness Test and cease to operate. Back pay must then be paid to the employee.
The Fairness Test applies to employees whose work is usually covered by awards.
The Fairness Test is applied to Australian workplace agreements (for
employees earning under $75 000 per annum) and all collective
agreements if the employer has changed or removed protected award
conditions.
The Test applies to workplace agreements lodged on or after Monday May 7, 2007.
Agreements made before this date will not change.
Streamlined agreement making
Making a workplace agreement is even easier with the Workplace Agreement Builder from the Workplace Authority.
This online tool helps users create their own workplace agreements
online. Employees or employers can choose from a range of employment
options that suit them to create a draft workplace agreement.
For young people there's an interactive online way to find out what you
need to know in the workplace. What's the deal about workplace
agreements? gives you the facts on the rights of young people when
making workplace agreements.
The Workplace Authority can provide free advice and assistance to young workers on matters such as:
- Do I have to sign an AWA?
- How much should I be paid?
- When should I get a payslip?
- What if I get sacked unfairly?
- Can I choose whether or not to join a union?
The Workplace Relations Fact Sheet
The Workplace Authority has published a Workplace Relations Fact Sheet.
The Fact Sheet provides simple, straightforward information about the
workplace relations system, including details about the Australian Fair
Pay and Conditions Standard and protected award conditions to inform
employees and employers of their rights and obligations in the
workplace.
Every employer in the federal workplace relations system must provide a
copy of the Fact Sheet to all their existing employees and any new
employees must be given one within seven days of them starting work.
Workplace Ombudsman
The Workplace Ombudsman has been established to provide additional
protection for employees and will take on a greater role in ensuring
that employers comply with their legal obligations.
The Ombudsman has the power to investigate and to take legal action on matters such as:
- Whether an employee has been forced to sign a workplace agreement
- Whether an employee has been underpaid
- Whether employers have provided pay slips to employees, or kept proper records of employee entitlements.
As a special protection for young people, Workplace Agreements for those under 18 must be co-signed by a parent or guardian.
The Ombudsman pays special attention to ensuring that the workplace
rights of young people are protected, understood and upheld by
employers.
What's the process?
If you think your workplace rights and obligations aren't being upheld:
- Lodge a formal complaint and ask the Ombudsman to investigate.
- You can check the progress of your complaint throughout the process.
- You can also report to the Ombudsman an alleged breach of federal workplace law.
- The Ombudsman will advise you on the outcome of the investigation.
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