Australia Amends Workforce Regulations

Key changes to Australian workforce related regulations are covered under the headings: Fair Work Amendment Act 2012 (Amendment Act), Enterprise Agreements (applicable from 1 January 2013) and Workplace Gender Equality headings.

Sunnyvale, CA (prHWY.com) March 5, 2013 - Fair Work Amendment Act 2012 (Amendment Act):

* The name of Fair Work Australia has been changed to the Fair Work Commission (FWC);
* The time limit for lodging unfair dismissal claims and general protections (dismissal) claims have been aligned at 21 days.
* The FWC can now reject a dismissal application (for unfair dismissals) if a claim is pursued in an improper or unreasonable manner by the applicant. Such situations include
i. not attending a FWC conference or hearing, or
ii. an unreasonable non-abidance of a FWC rules.

Enterprise Agreements (applicable from 1 January 2013)
* Enterprise agreements will no longer be allowed to incorporate an opt out clause. Therefore, an employer cannot have an individual agreement with an employee.
* New administrative amendments have been introduced to procedures/rules regarding bargaining.

Workplace Gender Equality
The new Workplace Gender Equality Act 2012 (the WGE Act), applicable since December 6, 2012, replaces and introduces amendments to the Equal Opportunity for Women under the Workplace Act 1999.

Employers need to action the below:
* Submission of an annual report by Private Sector employers with 100 or more employees (including employees of subsidiaries) is now mandatory. This report can be submitted online.
* The reporting period has a 12 month cycle from 1 April to 31 March. The reports are due between 1 April and 31 May each year.
* Employers now have to report against Gender Equality Indicators (GEIs) instead of on 'employment matters'.
* In case of non compliance:
i. A non-compliant employer may be named in an agency report to the concerned Minister,
ii. A non-compliant employer may also be named by any other electronic means (website);
iii. Employers may become ineligible to tender for some of Commonwealth or State government contracts; and
iv. Employers may also become ineligible for some of Commonwealth grants or other financial assistance.

GEI and Minimum Standards:
The Government will identify matters details that must be submitted for each GEI for the 2013/2014 reporting period onwards. The GEIs will be related to following:
* gender composition of the labor forces;
* gender composition of certain key personnel (e.g. board of directors, trustees, management committees or other governing authority);
* equal pay to women and men;
* flexible working provisions;
* measures supporting employees with family/caring responsibilities;
* discussion with employees consulting on gender equality issues.

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Tag Words: workforce regulation, australia amends, australian, amendment act 2012, australian enterprise, agreements, workplace gend

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