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News Bulletin : ADA News Bulletin September 2010
22 SEPTEMBER 2010 Fair Work Australia has recently made changes to both the Fair Work Information Statement and the Small Business Fair Dismissal Code. The changes are highlighted in this article. FAIR WORK INFORMATION STATEMENT The Fair Work Information Statement is a two page information sheet that must be given to all new employees once they commence employment. The Fair Work Information Statement provides information on the National Employment Standards (NES), the effect on an employee's NES entitlements when there is a transfer of business, modern awards, agreement making under the Fair Work Act 2009, individual flexibility arrangements, the right to freedom of association, termination of employment, right of entry and the role of the Fair Work Ombudsman and Fair Work Australia. Fair Work Australia recently updated the Fair Work Information Statement to take into account the increase in the high income thresholds. SMALL BUSINESS FAIR DISMISSAL CODE Any business with less than 15 full-time equivalent staff members must complete the Small Business Fair Dismissal Code whenever they terminate an employee -- regardless of the length of service of the employee or the reasons why they were terminated. The changes are aimed at clarifying employer's obligations in relation to the number of employees, consultation requirements and employees entitlement to invite a support person in discussions with an employer. The number of questions in the checklist has increased from eight to 11. Questions 1 to 3 are unchanged and deal with the coverage of the Small Business Fair Dismissal Code. Question 4 is new and deals with redundancy, and requires the employer to provide further information about the circumstances surrounding the redundancy. Question 5 and Question 6 are the former Question 4 and Question 5. They cover dismissal due to misconduct. Question 7 is new and requires the employer to state whether the employee requested to have a support person present, whilst Question 8, also new, requires the employer to state whether the employer agreed to the request. Questions 9, 10 and 11 are the former Questions 6, 7 and 8 and cover procedural fairness, other reasons for dismissing the employee and whether the employee resigned or terminated their employment. The employer needs to sign a declaration that the information is recorded on the checklist is true. To access a copy of the Fair Work Information Statement or the Small Business Fair Dismissal Code or to access confidential advice from a qualified advisor, members can call the HR Hotline. Before acting on any of the information in the above article, please contact the friendly team at the ADA HR Advisory Service on: Phone: 1300 ADA INC (1300 232 462) Fax: 02 9993 9709 Email: firstname.lastname@example.org The ADA HR Advisory Service is available from 8:30 am -- 5:00 pm AEST Monday to Friday. 'The answer could be just a phone call away' CHANGES TO THE FAIR WORK INFORMATION STATEMENT and the Small Business Fair Dismissal Code
ADA News Bulletin August 2010
ADA News Bulletin October 2010