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The Fair Work Act 2009 (Cth) is an Act of the Parliament of Australia, passed by the Rudd government to reform the industrial relations system of Australia. [1] [2] Replacing the Howard government's WorkChoices legislation, the Act established Fair Work Australia, later renamed the Fair Work Commission.
The National Employment Standards (NES) is a set of eleven minimum entitlements for employees in Australia who are covered by the Fair Work Act 2009.An award, enterprise agreement, other registered agreement or employment contract cannot provide for conditions that are less than the national minimum wage or the National Employment Standards and they can not be excluded. [1]
The Fair Work Act 2009 section 346(a) says there is a right to suffer no "adverse action" from an employer (or anyone) if that person "is or is not, or was or was not, an officer or member of an industrial association". [108] Clauses in awards and collective agreements to give preferences to union members over non-members are also prohibited. [109]
Unfair dismissal in Australia is the right to not be unfairly dismissed from work in the Fair Work Act 2009. This is a core part of Australian labour law , and refers to an unlawful act of employment termination due to it being an unfair action on the employee by the employer.
The Fair Work Act 2009 provides a simple, flexible and fair framework that assists employers and employees to bargain in good faith to make an enterprise agreement. [3] Employers, employees and their bargaining representatives are involved in the process of bargaining for a proposed enterprise agreement.
The ABCC was established under the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCIIP Act). [ 3 ] The ABCC existed in a different form as the Office of the Australian Building and Construction Commissioner between 2005 and 2012, and was replaced by Fair Work Building and Construction (FWBC) between 2012 and 2016.
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The FWO, along with the Fair Work Commission (former Fair Work Australia), the national workplace relations tribunal, began operation on 1 July 2009 under the Fair Work Act 2009. The agency head is the Fair Work Ombudsman, Anna Booth, who reports to the Hon. Murray Watt MP, Minister for Employment and Workplace Relations.