WorkChoices updates - what you need to know - transitional arrangements

Analysis

WorkChoices updates - what you need to know - transitional arrangements

Australian Business Lawyers have issued a number of WorkChoices updates - to present the key aspects of the new legislation.

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Australian Business Lawyers have issued a number of WorkChoices updates - to present the key aspects of the new legislation. The first of these covered the Minimum Conditions Standard. This second article covered union right of entry.

This third article considers provisions relating to transitional arrangements under WorkChoices. Itaddresses the effect of WorkChoices on existing industrial instruments such as Federal Awards, Federal Certified Agreements, Australian Workplace Agreements (AWAs), State Enterprise Agreements and State Awards.

It is important that employers examine all industrial instruments that apply to their business, in light of Work Choices, in order to determine the minimum conditions applying to their employees from March this year.

WorkChoices applies to all employers in Victoria, the Australian Capital Territory and the Northern Territory and, subject to transitional periods, only applies to constitutional corporations elsewhere. A constitutional corporation is basically a trading or financial company or a trading entity incorporated under a law. Generally, a sole trader or partnership is not a constitutional corporation.

In a nutshell, the terms and conditions of many current industrial instruments will be affected by WorkChoices. Two key aspects of WorkChoices that will impact on industrial instruments are:

  1. the Australian Fair Pay and Conditions Standard (AFP&CS); and
  2. Prohibited Content.

The full update can be read here.

*Australian Business Lawyers specialises in employment law and related areas.

Related

Federal IR changes 2005/2006

 

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