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Workplace Relations

Australians have always held a strong belief in the importance of fairness at work.

The Rudd Government is committed to building a modern workplace relations system that delivers both fairness for employees and flexibility for modern businesses. A flexible and fair workplace relations system is crucial to building a strong economy that delivers for Australia’s working families.

The Government’s plan for the future of Australia’s workplace relations system will encourage wages and conditions to be negotiated at the enterprise level. Employees will be protected by a strong safety net of fair minimum conditions. The new arrangements will foster the creation of a more highly skilled workforce, job growth and a better balance between work and family life.

Under the new workplace relations system, the Government will ensure that all Australians have a right to a fair minimum wage. In addition, your right to fair minimum standards including penalty rates, overtime payments, holiday and redundancy pay will be protected.

The Government plans to phase in the new workplace relations system, so it is in full operation from January 2010.

In March 2008, we stopped the making of new Australian Workplace Agreements (AWAs). This means that employees can no longer be placed on to individual contracts that undercut their award conditions.

The Government has also commenced the process of building a proper safety net for all employees. It includes two parts.

The first is a set of ten National Employment Standards such as parental, annual, personal and long-service leave, hours of work and redundancy entitlements. These apply to all employees. The Government has also released an exposure draft of the ten National Employment Standards.

The second part of the safety net is a system of modern awards that contain conditions relevant to specific industries and occupations. The process of building these modern awards will be substantially completed by the end of next year.

The Government’s new workplace relations system will give families the opportunity to make their work arrangements more family friendly, such as by giving both parents the right to separate periods of up to 12 months of unpaid leave and the right to request flexible work arrangements until their child reaches school age.

The Government will also implement new measures to protect employees from unfair dismissal, while ensuring that small business operators aren’t caught up in vexatious claims or forced to pay ‘go away money’. The new unfair dismissal protections will be simpler and fairer - balancing the rights of workers with the need of employers to manage their staff. The Government will work with small business to develop arrangements that work for small business.

The workplace relations system will be simplified, with a single national system and a new one-stop shop, Fair Work Australia. This body will offer practical information, advice and assistance, settle disputes and ensure compliance with workplace laws. Fair Work Australia will be readily accessible for employers and employees, with offices in suburbs and regional centres, allowing for faster and easier resolution of problems or disputes.

The Government is continuing to consult with employers, employees, business, unions and industry about the details of the legislation for the new workplace relations system, which will go before the Parliament later this year.

For further information about workplace relations, visit the Department of Education, Employment and Workplace Relations website at www.deewr.gov.au