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Welcome to our webinar on understanding your rights and responsibilities
under the Fair Work Act. I'm Eva from the Fair Work Ombudsman's
Education Team and I'll be your main presenter today. I'll also be joined by my two colleagues
Wendy and John, who we will be
meeting soon. In today's presentation we are going to
cover the role of the Fair Work Ombudsman; so who we are and what we do,
we'll look at Enterprise Agreements and Modern Awards,
a bit of an overview of the key industrial instruments under the national Workplace Relations
System; and how we use these to determine rates of pay.
We will also look at the National Employment Standards including leave entitlements
and termination and redundancy provisions. We will provide an overview of
record keeping and pay slip requirements. We will touch on
some common employer oversights and provide a brief summary of things
employers should look out for and be aware of. And finally we will let you know how to stay up to date with legislation
changes and where to access assistance and advice where you need it.
There will also be an opportunity for you to take part in some quick polls along the way
just to help us guide the content that we cover
and in terms of housekeeping, please be aware that participants will be muted
during this session. If you need to access your control
panel when it has minimized itself, click the arrow and it will expand
as we go along, if you have any
questions you can enter them into the system
by typing into the box at the bottom of your control panel and
hitting send. If we don't get to your question today we will provide an answer on our website within a week.
Also know that no-one else can see your questions
Let's get underway. My colleague, Wendy
an assistant director
welcome Wendy Thank you Eva, its good to be here
Wendy can you start by providing a brief overview of the work of the Fair Work Ombudsman
and the agency's role in the Australian community
Certainly: The Fair Work Ombudsman or FWO is an independent statutory
agency, formed on the 1st of July 2009
the FWO oversees the National workplace relations system, which
which covers all private sector employers and employees
in the ACT, NSW, NT, QLD,
SA, TAS and VIC. It also covers constitutional corporations
in WA. Nicholas Wilson is our
our agency head. He is the Fair Work Ombudsman; a statutory appointee under the Fair Work Act 2009.
The Fair Work Ombudsman is supported by
850 staff across Australia including more than 400
Fair Work Inspectors. You will find FWO
offices in all capital cities and in 18 regional centers across
Australia. The FWO's strategic mission
is to create fairer Australian workplace. All employees
in Australia have rights and protections at work. We are here to ensure that those rights
protected and understood and enforced. Thanks Wendy, Can you please
explain to the audience how the FWO aims to achieve its mission?
Certainly. We have numerous ways to ensure
workplace rights are protected, understood and enforced. our mission is to work with the Australian
community, to educate, promote fairness in the workplace and where necessary,
enforce compliance with Commonwealth workplace laws. We seek to
fulfill our mission by providing advice and assistance to employers and workers
promoting and monitoring advice with
relevant workplace laws, investigating workplace practices
that we suspect are contrary to those laws
and where necessary, enforce those laws though the court system. I should also clarify that the
FWO is different to and separate from
Fair Work Australia, Now called the Fair work Commission
which is the National workplace relations tribunal. It was previously known as
the AIRC. They are responsible for setting
The national minimum wage, creating or changing Modern awards and
approving enterprise agreements. Fair Work Australia also
has powers relating to industrial action, right of entry, dispute
resolution and a number of other workplace matters. Thanks for that Wendy.
Could we now take the participants though the provisions that are most relevant to
them and their clients. Certainly, lets start with modern awards and enterprise agreements.
they're cheaper meat not seen after an issue
it will company lean extremely I yes
and less common industrial issue gambling in clean
money will let simply initial
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look at him only occupational is she equity
when the old I didn't are you including
right pool hillary's within a week in the evenings
you 1203
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didn't meet might want couple nice
occupations and industries right throughout the trucking industry which
it jahrling happiness really instrumental dominantly
only finished my degree 8 May in
thing let agreements bridged employees and
in green conditions include
for in only well with ingredient
looking negotiated between are you me
argument invalid Union
I'm where imprint agreement will gently over on
low-ball for colocation someone will
I where employees haven't right
patronage I I'm however in I'm on wall
evening at the base rate patronage
I think nothing least 8 I answering
hi Ian local hilly leading the green
not repealed one or manager at strictly
impressive in its main
it work and must be binding on bus stop and large
ever mister an independent
you know world for right so it's won awards in its by the grim
well that's correct importantly
my leave emissions yet want to order
me may also need I Italian national
a picky eater national yeah
importantly international
slashes I national it which it in thank you
you know pain issue
eighty life all full-time impact on early
a number also aquatic
National Incident on cannot be ended I'm on a wall
in green or contract own time
I'll a maximum ATL were actually
with reasonable additional am right to request flexible working arrangements
currently landed in Chi Minh annually
personal care Lee who passionately community service lady
month initially public holiday yes
termination me I don't think
the recognition you Lily
you keep actually Mich didn't i win national
yes by the resultant director
up to you will also be provided
date her which it's a deflating but
great thanks for that maybe and I want to just another one of my colleagues
john Taylor he's
similar to traditional here com
John will show you how you can determine the quick guide high school football
the trial unfolded and he isn't home
you thanks to their own so cheaply to the best way to go about determining
greats ANA can use it telecoms a tool to assist you
now an employee *** able to love you think including
the war agreement covers them employment status
with that all I'm okay you the classification
including the GV all homes and nickel occasions
employees age as well as business at work
it's important to note that the study also has a national minimum wage
generally this book what employees there are no wall going
cover their 1 there's also a special national minimum wage
last simply disability
most lord give employers and employees time to adjust
in your system by allowing new greats it be phased in
over area all years the always
when applying to look for school area on or after the us
Jill 2040
until the Sun heritage be calculated with reference to the freemen the
warrant on
that come with the employee or those January 2010
as well as the relevant what you want I'll and employment isn't
had directed look cool however they must ensure that the model was great mates
or Island he's going to pay
john didn't to repair it took up today you can access
number tools and resources that would Google Inc the correct
well yes correcting all spring summer and now
we have enough to pay tolls including paycheck plus
was award fund which is a search tool as it was planted
by the model lost is based on the corresponding prequel
we have been a little pain conditions god's which will provide employers with
translations
the cream on the wall Montreal ask occasions
and provide information on base rates a lance's
and general conditions all these online tools me
and at work Dhaka you
yeah I want to thank not should be now more than you actually you think
Rachel's
or should not do a quick poll
crew whole will screen no
so the question is how do you think they work on the front page used to work at
night
price yes or no I loophole
of
he
hi clutter pretty her
substantial portion have used the tools who
amplicor urine culture together but it's not because they are children I would
help you do your job
I will continue to be with the time having some
a sunny yeah work couldn't use pates we have about was
paycheck its applications that imply its
tanker in base rates hey as those
we can lids employees covered by most warts
I take place let's look at my awards by engineer occupation the occupation
section
as you can see by the tabs on the top using paycheck plus you can also
on primo towards base rates hey collapses and
only writes a check plus lazy cat races paper
presses not Chinese
fixed on the future of a bit more about the National Women's Center
any will discontinue sure thing even their number
leaving toms under the National Employment Standards including annually
and personal care to further elaborate on these
full-time and part-time employees aren't old always paid annually
yeah some continuous shift workers get four weeks annually
if they make the shift work definition in their war torrent
green a new recruits progressively and is acutely from year to year
someone who was enterprise agreements laffer the cashing out eventually
by agreement between an employer and individual employees
this agreement must be in writing an early this year that nearly
their water green last word typically an employee must be left with the bouncer
at least eight weeks apparently
full-time and part-time employees are also in 2010 is paid
personal care is the Ichi similar to annually
hey personal can't leave a cruise progressively and this community from
year to year
can you please not entitled to pay personally Oct 02 unpaid carers Lee
there's also an anti with two days paid compassionately full-time and part-time
employees
well remember that household or merely family suffers a life-threatening
illness or injury will pass
the way this is a non payment on you can to employees
yep to system please calculate these provisions with both
user-friendly calculate
the lead counselor unless you can play I knew him personally
entitlements employees simply by entering the starting date
and me that's already been taken and the end date: appear you want to calculate
you can usually calculated field full-time and part-time employees as
well as Katherine Lee
shift work you can access the live tackling by the late Apple
at work up to you
excellent out early time internationally when it ended
that's right there are additional even Tomlinson the National Employment
Standards Act including
unpaid parental leave which for full-time and part-time employees that
have been employed
least 12 months and long-term castles and totes 12 months the one paper into
it
now employers can also contact the Family Assistance Office information on
the government's paid parental leave scheme
those interment to community service leave which is permitted for ineligible
community service activity
for example Bonci emergency management activities such as the statements he
says
employees are also in total also sleep in certain certain circumstances
in most cases this is derived from state or territory legislation
for this reason many TS specific advice on what
long service leave in Thailand appliance to business from stable territory
government agency
thank you thank you its remaining National Employment
look not to show it let's have a look at termination and redundancy and the
National Employment Standards
employer needs to give an employee notice if it is decided that implements
the time
this applies to pool time and part time employees
it is worth noting that they were quite known spiritually paid out instead it
worked
additionally redundancies a BP employee is terminated because the job is no
longer required to be done by anyone
the amended notice required will depend on the length services when he has
completed
it's important that someone awards or agreements may have different periods to
those contained
National Employment Standards if this is the case which it provides a greater in
top
will about the
Parliament to redundancy is also dependent on employees like that service
you can learn more about when redundancy applies for employees and termination
redundancy factually
under the Resources section fair Work dug up today
before employer take steps to make an employee or employees redundant
we always encourage you to seek advice from the industry association or solicit
internet so it was really helpful in addition to the National Employment
and it is also important for you to pick off your record keeping
and frankly obligations and other now what to recommend it will be taking
name think Taylor in plasma
he written cool United a lee et
they frequently hit any be easy to access
not be false or misleading can be written in English
jury investigations their own instinct is used to make a call to Burnet what
simply
when you play entitled to it into campaign received
entitlements and batch Google Web Toolkit is not just a legal obligation
it simple is best to paint in SoCal I'm
Iran from acquiring about what detailed meeting really
in employment records
the hinckley detail the dow who and when
any Elena you where name will be immediately
it's definitely I mean wat 88
ima also include information about what's happening
only that is full-time part-time or casual
in the hours went it will be great pain
she really did you know that growth on it to make the payment is known
any deductions me because should indicate
any other retirement received such as bonuses incentive
anywhere
employees open it keeps regular any late drinkin or creed
little did you know that superannuation contributions night each
38 relieved when it had been terminated
you open it can you recall he terminated in early
and how determination to I
actually about recuperating in Houston got any information about the content
requirement
record and can be accessed through the week took up to you
you can also there is political keeping him but who they were
took here
additionally impliedly authority to pay for it
within one working tonight it high pay for it can be provided
in paper or electronic who in the mouth
in CLI imprint name in Abyan
employees through the data preening
the pay period to extirpate but light
growth in net emancipate any lighting
around them reason infinity payment
puny right other entitlement it can be separately I can and I'm
where the increased pain County right the place which include the alley right
the number hours let right entitlement will
where the angry paid a salary or in any way National City
I don't pay for it you place it should also include any deductions made from
the pain
in details granulation graduation tonight specifically
the unanswered seagrams in a lil busy permit was paid
is a nickname will the pavelic for level 3
way %eh in here beauty industry award
example is available how about you legal
and paste its actually whichever it was available
under elect up to you he got a great
tap you can also download I grey paper too good
from it took up to you
thanks to that Randy not meet your perhaps in the common issues on
striker they work on the train sometimes comes across in the course that it will
work
even generally referring good-looking group
however we do this in common is not
a twinkly it lead the blind incorrect my rights
remember employers can pay high about the water in it and she's
that help people I we are the same place
failing to apply the creek increased i right
as we mentioned all included pay rates will generally take
changes parents will generally take on 1 July HD
another common mistake is not free other in Parliament switching wait untill to
Andy we're Grillin
edges penalty right allowances relating
unfortunately we'll do occasionally see it weighs not paying
it creates the which I'll meetings or training
look at my hayslip and in typical simply
Memphis a paper with you when anything hey
he worked at ca director gonna eat contains numerous to operate them
250 if the tournament in your application innovative repair business
practices irritation
John it a little bit about the truth
things that we need yeah as well as a titles the fill it with that has built
an extensive range
tools and resources to help you with your workplace relations issues
all these materials are available online their work to come to you
and they can be downloaded in PDF all worked for
the stanza back sheets and best practice guidelines that just very stupid and the
act including the National Employment Standards is will you record keeping in
pace the obligations
Wilson industry-specific web pages line 10
Mason to keep the streets including cleaning clerical
last the horticulture hearing be hospitality
retail vehicle and security industries
on the website also 12 documents to assist in Plaza he sent to the
employment last cycle
such as late as a recruitment goes to templates those
that is informing employees at night is paid
on termination and written warnings as well
go through it checklists to assist employers in sure that they are very
lets the responsibilities including so-called a checklist and
I'm hopeful workplace discrimination checklist will sample the Fair Work
information step for employers to download miss you can you stop
lookin my sister who is currently available in over 30 languages
known for her work don't come to you also on a multimedia center
Cooper comprising a video clips to the bus information
for employers and employees and information on the latest legislative
changes
thanks John will be here employers and Blockbuster halftime
Chinese EDU
stamps today 80 Hindi thriving to the interviewees gonna
which include updates and useful information he will resign
data package which will any waging with you
and remember to review entities anyway in line with the annual wage decision
you know to regularly check illegal mittens lay with you not
you can subscribe to services nd articles at the work took up to you
you can also subscribe to learn the ward updates from demonstrators here which
and if you're really serious social media equal third order
you work on the nom my facebook Twitter any cheap
and the chechen mind you but your resources great theory the true but
here's the brinkley
including and pretreatment with eternal
people not right and a reprint in a great so currently
and typical discussion its
here we come as brick your if not maturity Patriots kidnapped he
deliberately irresponsibility reunited him with me
access it mention it I'm to help Kristy make
relay you or your clients inconsistent the burn through our website
a week to come to you well you ain't nothin chapter line with an advisor
or email enquiry alternately
he will be with you line 113 1890
all during business hours made Friday its big drinker highly-trained
and Ridgewood night
athlete children nine years every quality ok
we like it all capital city 18 regional centres
strain your occasion they're available director
today
looks like we might have a little bit of time here from Christian
I will just have a look through leave he
try gonna with Christian when the it
question him through right now around what happens when the
all Iran is greater than the one who
i right
for example where said a penalty in the retail industry used to be
higher than it is now under them on the ward the answer
eat that penalty right fighting between the old Wall
annual you can use the pay to
to I get an understanding of what that currently will be
essentially the the right will be fighting down to meet you on the wall
from 2014 and in the meantime it will be a percentage
appeal penalty
goodnight instantly
Justin impact relief look mother
shouldn't he
we've got another
incoming only a few leanna well
three month probation period is no longer valid
and when he handed me an equally
we get during that period the impression here it no longer included in the act
however there is a requirement line
one week's notice for an employee employed less than 12 months
see can dismiss them within that period so long as you provide the adequate
notice
you sleep
we have another question from hell
had a row 1-10 employees I'm ruefully
how are we to let me explain it Heather on strongly recommend you have a look at
this practice got
managing on the performance it provides a great step by step guide
to dealing with difficult issues that they arrive arise and we've also got
back she
on termination you can have a look at that as well if termination
is the end result with that process thanks man
can be
she the
in don't have to question
them salaried employees working extra hours
ok
Donna mentions that this employees not actually been asked to work those hours
but chooses to stay at work you know behind Donald
the short answer to that is an employee does need to be paid for every arab
black
however they need to be directed it well in relation to the %uh the time now is
when you're on a salary you need to make sure all the all
hours worked I'm side salary sufficient to cover all hours worked
including any casualties or allowances that might apply under the water in
agreement
you may need to have a conversation with the employee about working on a pretty
sure hours
as it may have an impact on whether or not the salary sufficient couple hours
you
comes look good impression
we have a question coming from LeeAnn
about whether an employee has a right to you so I am
employer or employee has a right to insist on taking
annual even a twelve month period in which to create an employee can take
annual leave
wanted to create week reasonable agreement from their employer
so that needs to be a discussion but an employer cannot unreasonably refused
manually for quest in terms of employers directing late
an employer can you the direction that late be takin
if it's needed uncertain circumstances under their order agreement
for example some agreement will allow an employer to direct annual AP takin
where there's been an excessive a cruel annually in most awards that means more
than a week so the crew Daniel H
the need to check your instrument usual in creamy
it in can include question but good
we have a
question coming in relating to 38 our
the video now with per week whether that includes lunch and other breaks
and the answer is no I'm a it unpaid right
and you don't need to can however short bites little words such as
just chill beating all 10 best right will camp so
generally don't need to camp lunch break in that he had now wake
you
reno asks whether
employing someone on a salary means that you still have to provide for 38 L week
all with you can stipulate a forty hour week rated the 38l wat
is a let's landed the national planets in its however you can also ask you play
it with reasonable additional hours
there are number act as the coming to whether the allies are reasonable
including whether they paid in many instances a forty hour week
would be reasonable should have a look it different factors
coming I and it with packed and
you need to make sure that the salary sufficient to cover the forty-hour week
any including any over time that might be possible for those two extra Alice
under the water agreement I think the
I would just do one last question
its once firmly and leanna it people paid about the award
to all the conditions that he would still apply yes
unless there's a guaranteed annual earnings and above a certain amount in
excess
attached renowned I think it 100 18 thousand
line and but that is the next every year when is not guaranteed annual anything
ice
a godless have any about what payments he still need to be made in
all wood conditions including conditions about your rights and other non-monetary
entitlements intended a man it retirement
you need to make sure that there about what time it is sufficient to cover up
all awarding time it's including penalties lighting
that's probably all the questions that were gonna come in today
about should mention that his has been recorded so the session will be
available on the website
and if we haven't been out into your question during the session
we will decide and post with the recording credit will not bring that up
to the end
tonight but now I want to pick one sorry for me John
the tourney tonight hope you enjoy today sheep
thanks again for joining us and not me