Industrial News 2008

April 2008

New national employment standards explained

One of the pillars of the Rudd government’s proposed changes to federal industrial relations laws is the establishment of 10 national employment standards. The standards will apply to people employed under federal awards or by constitutional corporations and are intended to begin on 1 January 2010. In broad terms the employment standards will include:

• a standard working week of 38 hours, plus a requirement to work reasonable additional hours;
  
• 12 months parental leave with an additional 12 months on request which may only be refused by an employer on reasonable business grounds;
  
• the capacity for parents and other carers of children to request flexible working arrangements, which may only be refused by an employer on reasonable business grounds;
  
• annual leave;
  
• personal, carers and compassionate leave;
  
• community services leave (incorporating jury service and emergency service leave); •public holidays;
  
• the introduction of an information statement at each workplace, to be titled ‘The Fair Work Information Statement’;
  
• notice of termination and redundancy, with redundancy to apply to businesses with 15 or more employees and;
  
• long service leave.
  

The establishment of the new standards using legislation is a significant shift away from the traditional practice in Australia where minimum conditions were established and reviewed by industrial tribunals and set out in awards. The former Howard Government introduced similar standards in the Workplace Relations Act 1996 but these were more concerned with minimising employment conditions than establishing a reasonable standard. The new national employment standards can not be modified to the detriment of employees in an employment contract, award or industrial agreement. The standards will, together with new awards, form the basis of a revised safety net which will underpin minimum wages and conditions of employment. The Australian Government has issued a discussion paper on the proposed employment standards and is inviting comments. A copy of the discussion paper is available at: http://www.dewr.gov.au

Nick Blake
ANF Senior Federal Industrial Officer