The fact that individuals can agree in writing to terms and then later claim for entitlements that they agreed to forego is particularly unfair. The remarks indicate the quandary expressed by many HR practitioners who have been working closely with the legislation over the past two years. Possible amendments to the Fair Work Act The amendments posited the following three possibilities:
While the National Employment Standards provide a base level of provisions which are applicable to all employees, most employees are also covered by a Modern Award.
Modern Awards are an additional set of guidelines and entitlements within which employers must operate employment agreements. These awards cover variances in both industry and occupation, and provide additional enforceable minimum employment standards.
On top of the Modern Awards, there is also a Miscellaneous Award which covers employees who are not covered by any other Modern Award.
Modern Awards typically contain terms and entitlements relating to minimum wages, penalty rates, types of employment, flexible working arrangements, hours of work, rest breaks, classifications, allowances, leave and leave loadingsuperannuationand procedures for consultation, representation, and dispute settlement.
As well as the above areas, Modern Awards may also cover terms about industry specific redundancy entitlements — that is, what employees who are being made redundant are entitled to. As the name suggests, a minimum wage is the absolute base rate an employee is entitled to be paid for their ordinary hours of work.
The minimum wage which an employee is to be paid is determined by the specific industrial instrument which they are employed under; whether it be a Modern Award, Enterprise Agreement or National Minimum Wage order.
Regardless of which industrial instrument the employee is working under, they cannot be paid an amount less than the national minimum rate of pay, even if a different amount is agreed upon by the employee.
The national minimum wage and pay rates under Modern Awards are not set indefinitely. This is to determine if an increase is required based on national living standards, and any changes to the national minimum wage or pay rates under Modern Awards need to be in effect well in advance of the next financial year starting.
It is important for employers to remain vigilant in being aware of any changes to their relevant Modern Awards or national minimum wage to ensure that they are not underpaying their employees. Of course, the practical application of the Fair Work Act and any other underlying entitlements in workplaces is not entirely left to the discretion of employers.
There are two regulatory agencies which oversee the correct adherence to the Act in workplaces around Australia: Together, these agencies administer, govern, and cooperate fair work within Australia. To be more specific about what the two bodies work to achieve: As a business owner or employer in Australia, you are bound by the Fair Work Act and are responsible for treating all of your employees fairly and issuing them with the correct entitlements.
So with this in mind, it is important to be well informed of your requirements and obligations under the Act. Like most items of legislation, the Fair Work Act is a complex and extensive page document. This makes it a difficult thing for anyone to navigate, let alone understand.
So it is understandable that business owners and employers are often confused by the complex language. However, the cost to a business for not being compliant with it, regardless of misunderstanding, can be significant. Even if you feel that you are familiar with the legislation, there are frequent updates and changes made to it, which means that you need to be up to date with its most current version.This compensation may impact how and where products appear on this site, including, for example, the order in which they appear on category pages.
What Is the Fair Tax Plan? The Fair Tax Act (HR 25, S 13) How the Sales Tax Would Work. This initiative owes its origins to the debates over the impact of Work Choices and attempts to deal with the wider problem of endemic low pay.
Implications and conclusions The Fair The Fair Work Act reconstitutes the industrial relations safety net. The Fair Work Act (Cth) was introduced by the Labor government in to replace the previous unpopular Work Choices legislation.
The following is an assessment of the impact of this legislation on Australian workplace employees in two categories: the rights .
The Fair Work Act (Cth) was introduced by the Labor government in to replace the previous unpopular Work Choices legislation. The following is an assessment of the impact of this legislation on Australian workplace employees in two categories: the rights of employees and the protections afforded employees.
Fair Labor Standards Act – General Impact Toolkit A high-level analysis has been conducted by central administration to determine the potential.
This compensation may impact how and where products appear on this site, including, for example, the order in which they appear on category pages. What Is the Fair Tax Plan? The Fair Tax Act (HR 25, S 13) How the Sales Tax Would Work.