A Massive Challenge for Queensland Employers - Australia's new Fair Work Laws

1 July

Today marks the commencement of the Australian Government's Fair Work legislation, and sees the Government's industrial tribunal Fair Work Australia, open for business for the first time.

CCIQ President, Beatrice Booth, said Queensland employers have a huge challenge before them to understand the new requirements and associated responsibilities.

"There is considerable concern amongst the Queensland business community as to what the new industrial landscape will entail for individual businesses," Mrs Booth said.

"The deterioration in the state economy has only served to compound this disquiet as many businesses have been too busy saving their business to fully understand the new changes."

Mrs Booth said for small businesses owners, one of the biggest challenges will be their renewed exposure to the unfair dismissal laws, having been sheltered from their operation for the past three years.

"In six months those SMEs will also have to adjust to the introduction of the 10 National Employment Standards and the new 'modern award' changes," Mrs Booth said.

For big business, the changes to bargaining and agreement making pose the greatest challenges.

"The revamped framework now includes greatly enhanced union representation rights and new untested 'bargaining in good faith' obligations," Mrs Booth said.

"The right of entry changes also mean unions no longer need to be a party to an award or an agreement at a particular workplace to be able to exercise right of entry at that location."

All of these changes pose real challenges for Queensland employers, many of whom still have only a very limited idea about what's involved.

They are also being introduced in an economic environment that remains extremely tough for many Queensland businesses.

It is imperative in this environment that the new Fair Work Laws operate in a way that provides outcomes that are both fair for all, and contribute to an economic recovery.

Overview

  • New unfair dismissal laws, including the removal of the small businesses exemption;
  • A new enterprise bargaining system, including good faith bargaining obligations and significantly broader "permitted matters";
  • The establishment of Fair Work Australia;
  • A new system for minimum wage setting;
  • National Employment Standards (effective 1 January 2010); and
  • Award modernisation process (effective 1 January 2010).

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Media contact

David Argus
General Manager - Public Relations & Media
Chamber of Commerce & Industry Queensland
t : 07 3842 2263