Fair Work Act Act No. 28 of as amended. This compilation was prepared on 5 August taking into account amendments up to Act No. 70 of Act No. 28 of as amended. This compilation was prepared on 1 October by Fair Work. Australia taking into account amendments up. This is a compilation of the Fair Work Act that shows the text of the law Division 9—Offences relating to the Fair Work Commission.
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This handbook is for employers and managers, and is about workplace rights and responsibilities under the. Fair Work Act (FW Act). You can use this. The Fair Work Act (FW Act) and the Fair Work Regulations are the main legislation we deal with. They govern the employee / employer relationship in. Authorised Version No. Fair Work (Commonwealth Powers) Act. No. 24 of Authorised Version incorporating amendments as.
For example, an issue raised by the Government of South Australia was the inclusion of Graduated Retirement Provisions, which would offer a voluntary option for persons who have reached a certain age to access a number of flexible working arrangements that meet their needs.
The provisions should provide a range of graduated retirement options that would be most suited to the needs of the industry, the employer and the worker. The graduated retirement provisions should specify an age at which a worker may access these provisions, and this age should reflect the occupational requirements of modern awards for each industry or profession.
The ALRC considers that s 1 of the Fair Work Act is sufficiently broad to allow scope for the inclusion of any such additional terms as required. Proposal 2—7 From , Fair Work Australia will conduct the first four-yearly review of modern awards. In the course of the review, the inclusion or modification of terms in the awards to encourage workforce participation of mature age workers should be considered.
Notice of termination of employment 2.
However, the ALRC is conscious of concerns that additional rights and entitlements for mature age workers may have unintended consequences by making them less attractive to employers and welcomes stakeholder feedback on this proposal. Proposal 2—8 Section 3 b of the Fair Work Act Cth provides that if an employee is over 45 years of age and has completed at least two years of continuous service with the employer, then the minimum period of notice for termination is increased by one week.
The Australian Government should consider amending this section to increase this period from one week to four weeks. General protections 2. The general nature and operation of the general protections provisions was considered in detail in the course of the Fair Work Act Review.
Legislative framework 2. Mick applied for a job as a cleaner. After attending an interview and passing a medical examination he was offered and accepted the job. The company sent Mick the appropriate paperwork, which he completed and returned.
The day after he sent in the paperwork the company said that Mick could no longer have the job. Mick was distressed because in the meantime he had turned down other work and he could not work out why he was now being told that he could not have the job.
Mick suspected that the company had decided not to employ him because he is He asked the company whether this was the case and, if not, why it had decided not to employ him, but the company refused to provide a reason.
Once he had established a prima facie case, from which age discrimination could be inferred, if the company was not able to provide a compelling alternative reason for suddenly revoking the job offer, it would be presumed that the reason was age, as alleged by Mick.
The ALRC is also interested in stakeholder comment on what ways, if any, Commonwealth anti-discrimination legislation or the Fair Work Act could be amended to improve or clarify their interaction in circumstances of age discrimination. Question 2—2 There is substantial overlap between the general protections provisions under the Fair Work Act Cth and Commonwealth anti-discrimination legislation. In what ways, if any, could this legislation be amended to improve or clarify their interaction in circumstances of age discrimination?
When a workplace determination operates etc. Interaction of a workplace determination with enterprise agreements etc. When national minimum wage orders come into operation etc. Subdivision B--Provisions about conduct of annual wage reviews Coercion--allocation of duties etc.
Criteria for considering harshness etc. Remedy--reinstatement etc. Industrial action must not be organised or engaged in before nominal expiry date of enterprise agreement etc. Division FWC orders stopping etc FWC must order that industrial action by employees or employers stop etc. FWC must order that industrial action by non-national system employees or non-national system employers stop etc.
Interim orders etc. Contravening an order etc. Division Injunction against industrial action if pattern bargaining is being engaged in FWC may suspend or terminate protected industrial action--significant economic harm etc.
FWC must suspend or terminate protected industrial action--endangering life etc. Employee claim action without a further protected action ballot after a period of suspension etc.
Notice of employee claim action engaged in after a period of suspension etc. Division Ministerial declarations Ask for the Fair Work Infoline 13 13 The Fair Work Ombudsman is committed to providing advice that you can rely on. The information contained on this website is general in nature. If you are unsure about how it applies to your situation you can call our Infoline on 13 13 94 or speak with a union, industry association or workplace relations professional. Visitors are warned that this site may inadvertently contain names or pictures of Aboriginal and Torres Strait Islander people who have recently died.