How the Changes in the Fair Work Amendment Act affect QSR employers
By David Price and Steve Champion Regular contributor on employee relations matters ER Strategies has compiled a short list of some of the more important recent changes made to the Fair Work Act, which regulates employment across most of Australia.
Unfair dismissal and General Protection dismissal applications
Under the Fair Work Act there was a gap in the time limits between lodging an unfair dismissal and a ‘general protections’ dismissal application. This meant an employee could lodge an unfair dismissal application and if unsuccessful there, have a second bite of the cherry by lodging a general protection application, where in practice the rules for employers defending themselves are generally tougher.
Effective from 1 January 2013, the time limits have been changed to be the same for both, with some good, some bad aspects for employers:
• The time limit for lodging unfair dismissal applications will now increase from 14 to 21 days, giving employees more time to lodge their unfair dismissal application; whilst
• The time limit for lodging a general protections dismissal application will be reduced from 60 to 21 days.
In addition to the time frame changes, the renamed Fair Work Commission will be given further powers to dismiss unfair dismissal applications and to make cost orders against parties, lawyers and paid agents in unfair dismissal matters.
Examples of when the FWC may exercise its discretion to dismiss an application under these provisions may include where the dismissed employee / applicant fails to attend an FWC proceeding relating to the matter without providing prior advice and/or without any reasonable excuse for their failure to attend, or an employee / applicant continues to pursue an unfair dismissal application despite a settlement agreement having been concluded by the parties.
Enterprise agreements
Small technical changes have been made to the rules around making enterprise agreements to clarify some disputed interpretations that have arisen. Effective from the first of January 2013 the following changes came into effect in relation to making enterprise agreements:
• Enterprise agreements cannot be made with a single employee
• Employers cannot modify the notice of employee representational rights prescribed by the regulations (this notice must be given to all employees once enterprise bargaining commences).
• Terms allowing an employee to opt out of an enterprise agreement are prohibited
• A union official cannot act as bargaining representative for an employee unless the union has coverage to represent that employee
The ER Strategies website is at www.erstrategies.com.au. They also have a specialist enterprise bargaining website at www.enterprisebargaining.com.au.
Related QSR Media article - https://qsrmedia.com.au/in-community/news/fast-food-employers-confused-employment-obligations
Article by: David Price and Steve Champion
