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Workplace relations changes - what you need to know
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Workplace relations changes - what you need to know
With less than a fortnight to go before the national workplace relations changes begin to take effect, all recruiters must ensure they`re aware of their responsibilities and obligations. Here, Deacons partner Stuart Kollmorgen highlights the key issues.
Unfair dismissals
Under the Fair Work Act, parts of which take effect on 1 July, a larger number of employees - including on-hired workers - will be eligible to bring unfair dismissal claims against their employer.
Currently, only "large employers" (employing 100 workers or more) face these claims, but the threshold is being reduced to 15 employees. The minimum employment period before bringing a claim is six months for large employers (15+ workers) and 12 months for small ones.
When making employees redundant under the new laws, an area Kollmorgen says is "obviously critical at the moment", there are a couple of extra tests that employers will need to satisfy in order for a dismissal to be fair.
The employer has to consider redeployment options within the company and associated entities, he says, which could include host companies.
An employer also has to comply with all consultation obligations under awards or collective agreements with employees affected by redundancies. "If they haven`t done those two things [the dismissal] could be unfair."
Recruiters should also be aware that there will be a new decision maker - Fair Work Australia - determining these claims, Kollmorgen says.
"It`s going to be less formal, but we don`t really know yet what differences there will be in the way Fair Work Australia conducts mediation and final hearing phases."
Right of entry
There are some minor changes to unions` right of entry to workplaces which will affect recruitment and labour hire companies, Kollmorgen says.
"It used to be the case that if you had a collective agreement applying to a workplace which had a union party to it, then that made it clear which union could enter to meet with potential new members and investigate breaches.
"That`s changed. Now if you`re a union whose eligibility rules cover an employee, you can enter the workplace to meet with employees whether or not you`re bound by a collective agreement there. So another union could come in and meet with your employees."
Why it`s important: The changes give unions increased ability to organise within the on-hire industry, Kollmorgen says, with implications for bargaining (see below).
Good faith bargaining
The good faith bargaining elements of the new laws pose significant issues for the recruitment industry, Kollmorgen says.
"An employer can no longer say, `I`m not interested in bargaining`. If it`s approached by a bargaining representative for an employee - in reality a union - and the union is able to show there is majority support within that group of employees for a collective agreement, then the employer... has to bargain in good faith.
"What that seems to mean is that there is a presumption that an agreement will be reached and that the employer has to approach negotiations in good faith, provide information, and meet at reasonable times, etc."
Why it`s important: A labour hire company might be quite large with employees "all over the place in different pockets", Kollmorgen points out. The test for "majority support" could be met if most workers at a worksite, or across a couple of regions, or right across a whole workforce indicate they want a collective agreement.
"If there is majority support within a group, whatever it is, those employees could force the employer to the table to negotiate."
Labour hire providers are most likely to be affected when their employees are working alongside directly employed workers who are covered by an agreement with attractive conditions, he says.
They can protect themselves against bargaining requests by "making sure that their employees are happy with the terms and conditions that they`re on and the sort of flexibility that labour hire employment gives them.
"If that`s the case, there doesn`t appear to me to be a reason why they`d want to change their terms and conditions just because a union comes along and says `join up and we`ll represent you`," Kollmorgen says.
Modern awards
Currently, the recruitment industry is providing workers to lots of industries with minimal award coverage, but under the new system, modern awards will apply as a common rule to all employees in a particular industry or occupation.
Therefore, Kollmorgen says, "I believe there`ll be very few non-managerial employees who will not be covered." ....
Source:
http://www.recruiterdaily.com.au/nl06_news_selected.php?act=2&stream=All&selkey=
Unfair dismissals
Under the Fair Work Act, parts of which take effect on 1 July, a larger number of employees - including on-hired workers - will be eligible to bring unfair dismissal claims against their employer.
Currently, only "large employers" (employing 100 workers or more) face these claims, but the threshold is being reduced to 15 employees. The minimum employment period before bringing a claim is six months for large employers (15+ workers) and 12 months for small ones.
When making employees redundant under the new laws, an area Kollmorgen says is "obviously critical at the moment", there are a couple of extra tests that employers will need to satisfy in order for a dismissal to be fair.
The employer has to consider redeployment options within the company and associated entities, he says, which could include host companies.
An employer also has to comply with all consultation obligations under awards or collective agreements with employees affected by redundancies. "If they haven`t done those two things [the dismissal] could be unfair."
Recruiters should also be aware that there will be a new decision maker - Fair Work Australia - determining these claims, Kollmorgen says.
"It`s going to be less formal, but we don`t really know yet what differences there will be in the way Fair Work Australia conducts mediation and final hearing phases."
Right of entry
There are some minor changes to unions` right of entry to workplaces which will affect recruitment and labour hire companies, Kollmorgen says.
"It used to be the case that if you had a collective agreement applying to a workplace which had a union party to it, then that made it clear which union could enter to meet with potential new members and investigate breaches.
"That`s changed. Now if you`re a union whose eligibility rules cover an employee, you can enter the workplace to meet with employees whether or not you`re bound by a collective agreement there. So another union could come in and meet with your employees."
Why it`s important: The changes give unions increased ability to organise within the on-hire industry, Kollmorgen says, with implications for bargaining (see below).
Good faith bargaining
The good faith bargaining elements of the new laws pose significant issues for the recruitment industry, Kollmorgen says.
"An employer can no longer say, `I`m not interested in bargaining`. If it`s approached by a bargaining representative for an employee - in reality a union - and the union is able to show there is majority support within that group of employees for a collective agreement, then the employer... has to bargain in good faith.
"What that seems to mean is that there is a presumption that an agreement will be reached and that the employer has to approach negotiations in good faith, provide information, and meet at reasonable times, etc."
Why it`s important: A labour hire company might be quite large with employees "all over the place in different pockets", Kollmorgen points out. The test for "majority support" could be met if most workers at a worksite, or across a couple of regions, or right across a whole workforce indicate they want a collective agreement.
"If there is majority support within a group, whatever it is, those employees could force the employer to the table to negotiate."
Labour hire providers are most likely to be affected when their employees are working alongside directly employed workers who are covered by an agreement with attractive conditions, he says.
They can protect themselves against bargaining requests by "making sure that their employees are happy with the terms and conditions that they`re on and the sort of flexibility that labour hire employment gives them.
"If that`s the case, there doesn`t appear to me to be a reason why they`d want to change their terms and conditions just because a union comes along and says `join up and we`ll represent you`," Kollmorgen says.
Modern awards
Currently, the recruitment industry is providing workers to lots of industries with minimal award coverage, but under the new system, modern awards will apply as a common rule to all employees in a particular industry or occupation.
Therefore, Kollmorgen says, "I believe there`ll be very few non-managerial employees who will not be covered." ....
Source:
http://www.recruiterdaily.com.au/nl06_news_selected.php?act=2&stream=All&selkey=
