Set out below is a summary timetable of the changes associated with the transition from the Workplace Relations Act 1996 (Cth) (“WPR Act”) to the Fair Work Act 2009 (Cth) (“FW Act”):
Minimum Terms and Conditions of Employment
“National Employment Standards” (“NES”) and modern awards to take effect from 1 January 2010;
“Australian Fair Pay and Conditions Standard” (“AFPCS”) to continue to apply between 1 July 2009 and 1 January 2010;
Fair Work Australia’s (“FWA”) first annual minimum wage review to be completed by 20 June 2010;
Employee Rights and Claims
New unfair dismissal regime commenced on 1 July 2009;
New “General Protections” provisions under FW Act commenced on 1 July 2009 (including “Workplace Rights”, “Industrial Activities”, “Temporary Absence – Illness or Injury” and “Sham Arrangements” provisions);
New unlawful termination rules commenced 1 July 2009;
Agreements and Transitional Instruments
All collective and individual agreements (including AWAs) became “transitional instruments” from 1 July 2009 and will continue to apply until terminated or replaced;
Individual Transitional Employment Agreements (“ITEAs”) can be made until 31 December 2009;
Conditional termination arrangements for AWAs are available from 1 July 2009;
Industrial action and Rights of Entry
New rights of entry laws commenced on 1 July 2009;
Protected action ballot orders, authorisations for industrial action and notifications of intention to take industrial action lapse on 1 July 2009;
Industrial action started before July 1, 2009 will no longer be protected on or after that date without an order for FWA;
Enterprise agreements lodged between 1 July 2009 and 1 January 2010 will continue to be subject to the no-disadvantage test. The “better off overall test” will apply from 1 January 2010;
Transfer of business
Transmission of business occurring before 1 July 2009 will be dealt with by the WPR Act, even if employees are yet to have been engaged by new employer;
Transfer of business occurring from 1 July 2009 will be covered by the FW Act, even if employees were terminated by the old employer before that time;
Industrial instruments under the WPR Act (collective agreements and AWAs) will have the same treatment as instruments under the FW Act for transfers of business after 1 July 2009 (i.e. they will transfer to the new employer until terminated or replaced);
Institutions
Fair Work divisions of Federal Magistrates Court and Federal Court commenced operating on 1 July 2009;
Workplace Ombudsman abolished and functions assumed by Fair Work Ombudsman from 1 July 2009;
Fair Work Australia commenced on 1 July 2009 and AIRC to cease operations on 31 December 2009, with Commissions to hold dual appointments in the interim;
Workplace Authority to operate until 31 January 2010 to finish assessing agreements made before 1 July 2009 and ITEAs; and
Australia Fair Pay Commission to cease on July 31, 2009.
