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The new termination of employment rules start on Wednesday 1 July 2009. There are other changes that commence as well - most notably new Right of Entry provisions for unions - that will be the subject of future briefing notes.
The Department of Education, Employment & Workplace Relations (www.deewr.gov.au) is meant to be funding education programs for businesses, particularly small businesses, to provide them with the information they need to make sure they do not breach the new laws. However, DEEWR has not yet announced who is going to be conducting that education, leaving small businesses high & dry with very little information available. It is really important that you seek advice if you are making any changes to terms and conditions of employment, or you are considering terminating an employee's employment.
You may also need to get help if a union organiser turns up and wants to speak to your employees as the right of entry rules are sufficiently different to perhaps require you to modify your response.
Another area where significant changes have been made is where employers and employees make formal agreements that are intended to override the award terms and conditions. If you want to make changes to conditions that are set out in the award it is critical that you get some help as penalties for breaches of the new rules can run to the tens of thousands of dollars.
Finally, if you are intending to buy or sell a business that currently has employees, you will need to investigate the new rules about transferring employees.
I am only a phone call or email away if you need some assistance with a specific issue, or alternatively, please speak to your chosen industrial relations advisor.
2009-06-28
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