The next round of changes to the Fair Work Act will come into effect on 1 January 2014. We encourage employers to familiarise themselves with these as some will have significant impact on your business.
New anti-bullying measures. Employees who are being bullied at work will be able to apply to the Fair Work Commission for an order to stop the bullying. Our October newsletter article details how this will affect you and your organisation.
Changes to union right of entry rules. These changes have provided some controversial discussions and affect the rights and powers of officials of organisations to enter businesses. These changes mean that:
- interviews and discussions with employees must be held in an area that the business and permit holder agree to. Lunch rooms can be used if no agreement can be reached;
- the Fair Work Commission will be able to deal with
- disputes about the frequency of visits;
- deal with disputes about accommodation and transport arrangements;
- ensure appropriate conduct by permit holders while they are receiving accommodation or transport under the arrangements.
Genuine consultation on changes to rosters and hours of work. Employers will now need to take into consideration employee views about the effects of roster changes, including impact on family or caring responsibilities. All awards and agreements will have to include a term that requires employers to ‘genuinely consult’ with their employees about changes to their regular roster and ordinary working hours. When employers want to change an employee’s regular roster or ordinary hours of work they will have to:
- give information to employees about the changes;
- invite employees to air their views about how the changes will affect them;
- consider the employees’ views.
Agreements will also require employers to consult about any major change to a workplace that is likely to have a significant effect on the employees.
Protection of penalty rates. The ‘modern award objective’ in the Fair Work Act 2009 will be amended to protect penalty rates. This will mean that the Fair Work Commission, when making or changing a modern award, will have to take into account the need to provide additional pay for employees working:
- overtime;
- unsocial, irregular or unpredictable hours;
- on weekends or public holidays;
- shifts.
Your HRmanager runs Workplace Behaviour Workshops and conducts independent investigations into allegations of bullying and harassment. If you are interested in learning more about these services or any of the changes outlined above, please contact us. Subscribers to can download an updated Bullying and Harassment Policy.