By Leanne Nickels, Deacons
20 March 2008
The proclamation of the Rudd Government’s Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008, will complete the abolition of Australian Workplace Agreements. While existing AWAs will remain operative potentially until 2013,
employers cannot offer new AWAs once the Act is proclaimed. The proclamation date is anticipated to be the 27th March 2008, the anniversary of the commencement of the WorkChoices reforms.
For further information on the impacts of this legislation we have attached the link to our earlier update we wrote on the Bill.
http://www.deacons.com.au/NewsUpdate...cfm?objid=6310
As a result of the evidence given to the Senate enquiry some amendments were made to the Bill. The significant changes are to:
- allow employers to offer ITEAs to former employees as well as new and existing employees;
- include entitlements to long service leave as part of the safety net of entitlements for the purposes of the No Disadvantage test. This will prevent employers using Workplace Agreements to avoid providing employees with long service leave entitlements unless adequate compensation is provided; and
- allow the extension and variation of Preserved State Agreements.
Published with permission of Deacons.
Legal update: New Workplace regime now through Parliament
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