Hello
Welcome to my new blog! This blog will provide fortnightly updates (or weekly if I have time) on current issues relating to managing people at work. As a leading HR expert and Executive coach I am asked a lot of questions about managing people at work and getting the best performance out of people in the workplace.
I have lead large groups of people, held executive roles in large Blue Chip corporates as well as being instrumental in developing 3 start-up businesses to, so I understand firsthand the challenges that come with the space!
If you have a burning topic you'd like to know more about, JUST ASK!
In my discussions so far with business owners, executives and managers, most are completely unaware of the phenomenal impact the new Fair Work Act 2009 is about to have on them. In fact, most don't even realise it exists, let alone coming in on 1 July!
How does that happen? Well Mr Rudd is Spin Doctor Extraordinaire and apparently there’s not a lot of point having an opposition party. Rudd did such a fantastic job of getting Work-Choices hated by the mass public that Turnbull is terrified of having Work-Choices thrown up at him, coming into another election. So the opposition have done an appalling job of highlighting the real business issues associated with this law and the potential phenomenal costs that are likely to businesses.
So what is coming? Well, the FWA introduces new definition of small business, introduction of minimal employment standards, changes to unfair dismissal regulations, increased union rights, compulsory collective bargaining requirements, new transfer of business requirements and procedural and structural changes to the jurisdiction of Fair Work Australia. Assuming the FWA passes through Parliament relatively unchanged, most of the major changes come in for 1 July 2009, the remainder fully operational on 1 January 2010.
Ironically, Labor has not changed the nationalisation of employers (which previously they insisted was unconstitutional and spent a vast amount of money on fighting Howard all the way to the Supreme Court and losing). The FWA will apply to constitutional employers (Pty Limited Companies), trading corporations and the like and possibly incorporated trusts. In most other cases, all other employers are subject to state legislation/awards.
Here are 10 most impactful changes of the FWA 2009. I will discuss each briefly in the next few blogs.
1. Definition of Small Business –1 July 2009
2. Changes to Unfair Dismissal –1 July 2009
3. Compulsory Collective bargaining – 1 July 2009
4. Industrial Action process changes – 1 July 2009
5. Transmission of Business – 1 July 2009
6. Discrimination – burden of proof changes – 1 July 2009
7. Fair Work Australia (Stronger Arbitration) - 1 July 2009
8. National Employment Standards (NES)- due to commence 1 January 2010
9. New Modern Awards - due to commence 1 January 2010
10. Increased Union Power and Union Right of Entry – 1 January 2010
Disclaimer
This article is intended to provide commentary and general information. It should not be relied upon as comprehensive or legal advice. Formal legal advice may be necessary in particular transactions or on matters of interest arising from this article. My Performance Coach is not responsible for the results of any actions taken on the basis of information in this article, nor for any error or omission in this article.
