Ten employment standards for ‘all’

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Ten employment standards for ‘all’

All employees of corporations will be covered from 1 January 2010 by the 10 National Employment Standards (NES) released by the Federal Government yesterday.

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All employees of corporations will be covered from 1 January 2010 by the 10 National Employment Standards (NES) released by the Federal Government yesterday. These standards will be included in legislation.

Awards and collective agreements will be made to cover certain sectors of Australian industry and specific workplaces, but these awards and agreements will not be permitted to provide for conditions that are less beneficial than the NES.

The 10 NES will apply to all employees - including executives and professionals. The standards are:

  1. maximum weekly hours of work
  2. request for flexible working arrangements
  3. parental leave and related entitlements
  4. annual leave
  5. personal/carers leave and compassionate leave
  6. community service leave
  7. long-service leave
  8. public holidays
  9. notice of termination and redundancy pay
  10. fair work information statement.

On 16 June 2008, the Prime Minister, Kevin Rudd, and the Minister for Employment and Workplace Relations, Julia Gillard, released the new National Employment Standards (NES). A first draft of the NES had previously been released in February 2008 for public comment.

Julia Gillard noted:

‘The NES will apply to all employees in the Federal system regardless of industry, occupation or income …

Legislation will be introduced into Parliament later this year to give effect to the Government’s commitment. The legislation will include other aspects of workplace relations relating to the NES including compliance, interaction with agreement making and future reviews.’

The National Employment Standards in more detail are at the Australian Workplace website.

Award modernisation

The government proposes to introduce legislation later this year to give effect to the NES and the other ‘Forward with Fairness’ policies.

So far, the government has progressed these policies with the Transitional Act, which amended the Workplace Relations Act 1996 (Cth) blocking new AWAs and reintroducing the no-disadvantage test.

The AIRC has also conducted consultations with the ACTU and employer groups to implement the award modernisation process. The president of the AIRC issued a statement on 29 April 2008 outlining a process for progressing award modernisation - identifying some priority tasks. The three priority tasks to be completed by the AIRC by 30 June 2008 are:

    • the establishment of a list of priority industries or occupations for awards to be made by the end of 2008
    • the publication of a model award flexibility clause to be included in new awards
    • the establishment of a timetable for completion of whole process.

Information about the award modernisation process can be found on the AIRC website.
 

Related

Modernising and simplifying awards

Federal IR under Labor – generally
 

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