

Transitioning to the new workplace relations system
Are you aware that your existing workplace agreements or awards
may change now that the Fair Work Act has commenced?
AMMA’s first information session will provide a general introduction to the new
Fair Work system, and outline the major changes that will take place when the
new Fair Work Safety Net commences in January 2010. The session includes a
review of the National Employment Standards, the content and application of
modern awards, and their interaction with existing agreement-based and
awards-based instruments made before the repeal of the Workplace Relations
Act 1996— now known as Transitional Instruments.
The session gives a general description of the status of transitional
instruments in the ‘bridging period’ since the commencement of the Fair Work
Act 2009 and before 1 January 2010. It is expected that numerous issues will
arise where transitional instruments need to be applied to the new safety net
framework and inconsistencies will exist. This session will provide employers
with a head start in tackling the new workplace relations environment and its
application to their operations. An overview of the mechanisms available to
employers to ensure rights and obligations are clear and unambiguous under such
circumstances is consequently discussed.
Business will benefit immensely from this general information
session, set to provide much needed guidance to employers on how to go about
reviewing current arrangements. The session will demonstrate why existing
industrial instruments may need to be changed, and how current conditions and
agreements can be altered to accommodate the new Safety Net. Examples of this
will be provided in the session, including how previous service with an
employer will be dealt with for the purpose of entitlements under the National
Employment Standards, including the different treatment for leave and
redundancies. Similarly, the session will explain how an employer can apply to
have an instrument varied to resolve any ambiguity about its interaction with
the legislation, such as where arrangements for the cashing out of annual leave
differ from that provided by the National Employment Standards.