Previous issues:

The Australian Industrial Relations Commission released the final stage 4 awards – which largely completes the award modernisation process – with the new modern awards starting on 1 January 2010. For many employers, the most important part of Friday's decision concerns the Miscellaneous Award – which, as its name suggests, has the potential to apply to a wide range of employees.

Last week, we marked the 100th day of the Federal Government's new industrial relations system with the first instalment of our HRIR Update on the issues emerging. Today, we consider the rise and rise of employee claims and transfer of business – some teething issues and some more fundamental concerns.

Today marks the 100th day of the Federal Government's new industrial relations system. In the first 100 days there have been some significant developments especially with enterprise bargaining and the award modernisation process.

Yesterday, the Full Bench of the Australian Industrial Relations Commission (AIRC) handed down a key decision on the transitional arrangements for the award modernisation process in the federal system. Most importantly, the AIRC has established the general (although not universal) approach that new pay related conditions be phased in over 5 years from 1 July 2010 (which is 6 months after the new modern awards start operating).

The Federal Government has made significant changes to the Disability Discrimination Act, which came into effect yesterday. The  reforms include an expansion to the definition of disability, the introduction of a positive duty on employers to make reasonable adjustments for disabled employees and applicants, and a new test for indirect discrimination. This update also discusses the new discrimination provisions under the Fair Work Act including the powers of the Fair Work Ombudsman to investigate complaints of discrimination and a reverse onus of proof.

There's no escaping that 1 July 2009 was an important date for HR practitioners. But it's not all about the new Fair Work Act. There are also some important changes (and clarification) in relation to superannuation, and changes to the taxation of foreign employees, that take effect from 1 July 2009.

Award modernisation is gathering pace, as the 1 January 2010 deadline draws closer.  Last Friday, the Australian Industrial Relations Commission (AIRC) released the final Stage 2 modern awards – the final stage 1 modern awards having been released in December 2008. The Stage 1 and 2 Awards include important industries and occupations such as call centres, clerks (which will affect almost all employers across Australia), financial services (including banks and insurers – some of whom are largely award free), hospitality, IT, manufacturing and retail. With only limited exceptions, the modern awards will apply to all employers within the national system from 1 January 2010 and will replace most current federal awards and former state awards (known as Notional Agreements Preserving State Awards or NAPSAs).  This has important consequences, which we discuss in this Update.

Around 2.30am this morning, the Senate passed the Fair Work Bill – but not entirely in the form the Government wanted. The Government has said the House of Representatives will reject the Senate's changes (relating to the definition small business). Discussions are taking place in an attempt to resolve the impasse - we will see how this plays itself out over the course of today and possibly even over the weekend. In other news, the Deputy Prime Minister, Julia Gillard, yesterday introduced the Fair Work (Transitional Provisions and Consequential Amendments) Bill 2009 ('Transitional Bill') - a hefty 296 pages – more than half the size of the original Fair Work Bill. The Fair Work Bill and the Transitional Bill will have significant implications for employers, including: The new system is only a few months away - 1 July 2009 - although modern awards and the NESs do not start until 1 January 2010 Award modernisation is causing the most consternation for employers - e.g. consolidation of conditions inevitably means wages and other conditions will increase for some employees Employers who are about to start enterprise bargaining will need to consider the effect of the new bargaining regime (especially good faith bargaining orders), the impact of NESs from 1 January 2010 and the fact new agreements can be enforced by injunction Employers with AWAs and ITEAs need to consider now what they will do - it may be important to put in place new arrangements before 1 July 2009 - and not leave it until 1 January 2010 the impact on redundancy and restructuring programs - especially the capacity of employees to bring unfair dismissals in many circumstances - employers may need to adjust their consultative and redeployment procedures so as to avoid successful unfair dismissal applications.

Arguably now more than ever, organisations need to address performance issues and concerns about employee conduct effectively. However, these matters can be complicated by employee illness and absence - particularly when followed by an employee's resignation. While the recent Australian Industrial Relations Commission decision in Lenora Ann Peary v Australian Hearing (Thatcher C, 18 February 2009) does not break new legal ground, it's a cautionary tale for businesses confronted by these kinds of day to day issues and risks and a handy reminder of things to watch out for.

Things are moving apace with the Federal Government's Fair Work Bill which will be passed by the Senate shortly - probably in the next month. This means the new system is only a few months away - with most of the Bill now starting on 1 July 2009, not just the enterprise bargaining framework and unfair dismissals. The looming issue is the transitional legislation - which is due to be introduced into Parliament in the week of 16 March 2009. The first transitional bill, due to be introduced in the week of 16 March 2009, will be critically important for a range of employers including employers. There is also the capacity for important amendments in the Senate in particular areas.

With the Global Financial Crisis, the spotlight has been placed squarely on the issue of executive remuneration not only in the United States and across Europe, but also in Australia.

Yesterday, the Federal Government introduced its long awaited Fair Work Bill 2008 - often described as 'scrapping Work Choices'.  Today, we provide you with our comprehensive analysis of the Bill in our latest HRIR Update - including our analysis of the top 10 issues for employers.

Recent decisions by the Australian Industrial Relations Commission (AIRC) and the courts have provided specific direction to employers on the process, obligations and legal risks arising from the conduct of investigations.  Employers are increasingly expected to ensure that when employment decisions are made on the basis of contested factual findings, those findings are made only after a careful, fair investigation process.

Deputy Prime Minister, Julia Gillard, announced further details of the Labor Government’s new IR Laws – which are due to be introduced into Parliament in the next few months. The Deputy Prime Minister also announced that key parts of the legislation (including unfair dismissal and the new ‘bargaining framework’) will start early on 1 July 2009 - with the balance to commence on 1 January 2010.

Our attached HR & IR Update examines two recent decisions dealing with the often complex issues that arise when dealing with ill or injured employees. It also includes an update on the on the increased unfair dismissal remuneration cap, the expiry of the Superannuation Choice of Fund default insurance exemption and the AIRC's model flexibility clause for modern awards.

On Monday, Deputy Prime Minister Gillard issued both the final National Employment Standards and a revised award modernisation request. Importantly, the Australian Industrial Relations Commission has been directed to establish an award for non managerial employees who are currently award free, but perform similar work to award covered employees.

An External Reference Group (ERG) commissioned by the Federal Government to investigate Australia’s temporary skilled migration program recently delivered its final report. This Update outlines the recommendations of the ERG on 457 visas as well as the implications these will have on your business.

In last week's Budget, the Government announced a number of changes to fringe benefits tax that are likely to increase the cost to employers of providing certain benefits to employees. In addition, some important changes to superannuation will take effect on 1 July 2008. This Update looks at these changes and also a recent ATO decision that could have a significant impact (in relation to superannuation and taxation) for employees whose old contracts are renewed.

The Australian Industrial Relations Commission (AIRC) issued a Statement on 29 April 2008, laying down a proposed timeline for the AIRC’s award modernisation process. The AIRC’s Statement also identifies 19 priority industries, in relation to which it is proposed that the award modernisation process will be completed before Christmas 2008. Employers in the priority industries identified by the AIRC would be well advised to become involved in, or at least informed about, the award modernisation process.

The Senate passed the Workplace Relations Amendment (Transition to Forward with Fairness) Bill (Transition Bill), with some amendments that were proposed by the Government. The amended Transition Bill has also been passed by the House of Representatives, and is awaiting Royal Assent before it comes into effect.

Late last week, the Australian Government released an exposure draft of ten National Employment Standards, that will apply to all employees from 1 January 2010. There are some significant changes, such as a redundancy pay entitlement for all employees (not just award-free employees). The Government is seeking submissions on the proposed Standards by 4 April 2008. We provide details of the proposed Standards, and discuss the next steps, in the attached HR & IR Update.

On 13 February 2008, the Commonwealth Government introduced into Parliament the first plan of its Forward with Fairness reforms to the workplace relations system. In the attached HR & IR Update we discuss the Transitional Bill, and its implications for employers.

The ALP has won the election - although not outright control of the Senate.

The Coalition has announced changes it will make to WorkChoices if it is re-elected – most significantly, including award rationalisation and new employee entitlements. The ALP has released its policy on occupational health and safety and workers compensation.

The Prime Minister announced on 14 October that the election will be held on Saturday 24 November 2007. Workplace relations is shaping up to be one of the major issues in the election campaign. This special election edition of the HR & IR Update examines both the Government and ALP workplace relations policies in depth. Because the Government's workplace relations policy has already been implemented, and no major changes have been flagged, most of this Update focuses on what would happen if the ALP were to win the upcoming election.

On 7 December 2006, Parliament passed the Anti Money Laundering and Counter Terrorism Financing Act 2006 (AML/CTF Act). To date, there has been little focus on the 'employer' obligations of organisations who are covered by the AML/CTF – which include financial and gambling sector employers, amongst others. Those obligations have been the 'sleeper' issue of the AML/CTF Act. This Update provides an overview for employers covered by the Act.

Yesterday, the Federal Court dismissed an appeal against a decision to award an employee over $500,000 for psychological injury, resulting from a breach of his employment contract. The decision continues the resurgence of breach of contract claims in employment law and the trend towards finding policies to be contractually enforceable.

The Australian Government has released regulations providing how an employer may provide a copy of the Workplace Relations Fact Sheet to its employees. The Fact Sheet can be handed or posted to employees, and in some cases it can be emailed or faxed to employees.

The Australia Fair Pay Commission released its 2007 Minimum Wage Decision today.  The decision grants a two-tiered pay increase to minimum rates of pay for most Australian employees, of either $10.26 per week or $5.30 per week. However various exemptions apply, including a 12 month deferral for drought-affected farms. And, for some employers, rates of pay determined by State tribunals still apply.

The Australian Government has today published the workplace relations Fact Sheet, which employers must provide to all new employees employed on or after 20 July 2007 within seven days of their commencing employment, and to all existing employees before 20 October 2007. The Fairness Test, to apply to workplace agreements lodged since 7 May 2007, has also commenced operation. This HR & IR Update discusses these new amendments to the Workplace Relations Act.

With the bulk of the new Victorian Occupational Health and Safety Regulations 2007 now in force, employers with operations in Victoria should review their operational and risk management practices and procedures to assess whether they comply with requirements contained in the new Regulations. Employers should also be aware of a number of changes to the law relating to the taxation of termination payments which came into effect on 1 July 2007.

The Federal Government’s legislation amending the Workplace Relations Act to introduce a ‘fairness test’ for workplace agreements lodged since 7 May 2007 is likely to come into force next week. Some important amendments have been made to the Bill, especially the amendments requiring most Australian employers to distribute a new fact sheet to all their employees.

On 28 May 2007 the Government introduced amending legislation into Federal Parliament, to give effect to its recently announced ‘fairness test’ for workplace agreements and to make other changes to the Workplace Relations Act. This HR & IR Update reviews the detail of the proposed 'fairness test' and some of the other amendments proposed by the Bill.  We also provide a detailed analysis of the ALP's industrial relations policy.

A 'Fairness Test' for workplace agreements is part of the Federal Government's planned amendments to the Workplace Relations Act announced last week. This HR & IR Update outlines the current details and the timeline for further amendments and the passing of legislation.

Employers are becoming increasingly conscious of the possibility of a change of Federal Government at the next election and – if Senate control changes as well – the inevitability of the Work Choices legislation being substantially re-written, if not abolished. This HR & IR Update takes an in-depth look at the ALP industrial policy and also examines the Federal Government's proposed changes to AWAs (and presumably other forms of agreement).

Tomorrow is the first birthday of the Federal Government's WorkChoices legislation. A year ago tomorrow, the amendments made by the Workplace Relations (Work Choices) Amendment Act 2005 commenced operation. This HR & IR Update covers what has happened in the past year, what the emerging trends have been and what the next year holds.

In the last set of WorkChoices amendments for 2006, the Federal Government has made a range of amendments to the regulations – including simplification of the requirements for employee record-keeping and payslips. This Update summarises the latest amendments, as well as looking at what lies ahead for 2007.

This edition of HR & IR Update summarises the Federal Government amendments to the Independent Contractors Bill 2006 and some important New South Wales legislative developments.

This week the Federal Government introduced amendments to the WorkChoices legislation. While most of these amendments follow the Government's announcement a few weeks ago, there are some unannounced retrospective amendments which could raise issues for some employers. We will be sending a further HR & IR Update about amendments to the Independent Contractor Bill and new New South Wales legislation on Monday.

On 26 October 2006, the Australian Fair Pay Commission (AFPC) handed down its first decision in the Spring Wage Review. The AFPC decided to increase rates of pay in preserved Australian Pay and Classification Scales. These increases take effect on and from this Friday, 1 December.

The High Court handed down its long awaited decision in the challenge by the State Governments and the union movement to the Federal Government's WorkChoices legislation – the Workplace Relations Amendment (WorkChoices) Act 2005 this morning. By majority, the High Court upheld the WorkChoices Act and rejected the challenge in its entirety.

The Federal Government has today announced several amendments to the Workplace Relations Act and the Workplace Relations Regulations, including a further relaxation of the time keeping requirements.

This article examines a recent decision of the NSW Industrial Court, which has major implications for directors' liability for occupational health and safety breaches.

On 3 November, the Federal Government announced the approach that will be taken to award rationalisation under the amended Workplace Relations Act. Contrary to initial expectations, it is now likely that the award rationalisation will be much less dramatic than first thought.

Yesterday, the Federal Government passed further amendments to the Workplace Relations Regulations. Under the amendments, employers can breath a sigh of relief - no penalties will be imposed in relation to time and wages record-keeping obligations for another six months. The amendments also include new protections for employees accessing personal/carer's leave, and clarify (to some extent) the arrangements for the cashing out of leave accrued before WorkChoices. For further detail, please see the attached HR&IR Update.

In this HR & IR Update, we outline recent changes to long service leave (LSL) entitlements in both Victoria and the Australian Capital Territory.