Tool Box
Issue No. 33 - February/March 2007
More changes to IR Laws affect most SA businesses
by Mr Shayne Bakewell
Significant changes have been made to the Workplace Relations Act 1996 and its Regulations. These changes, passed by parliament in late November and December 2006 will affect many South Australian businesses.
The Act applies to any employer that is a constitutional corporation. By now most businesses know whether they are a constitutional corporation.
In earlier articles we explained that the Act contained a range of minimum standards for annual leave, personal leave, compassionate leave, hours of work and rates of pay.
Before the most recent changes, any employer who was party to a federal certified agreement or AWA (pre-reform agreement), or a state enterprise agreement (preserved state agreement) as at 27 March 2006, were not obliged to observe these minimum standards.
The changes to the Act alter this
Under the changes the minimum standards will apply unless the pre reform agreement or preserved state agreement specifically deals with the conditions relating to the minimum standard.
Example
Fiona has a telemarketing business. She employs staff under the terms of a pre reform agreement. That agreement expires in June 2008. The agreement does not include a provision to deal with Compassionate Leave. Fiona will now have to comply with the minimum standard for Compassionate Leave as set out in the Act.
Unfortunately these changes have been made with retrospective application to 27 March 2006.
If you employ staff under a pre reform agreement or preserved state agreement seek expert advice as to the potential of your retrospective liability and future obligations.
Employment waiver
Until the recent changes, an employee offered an AWA by an employer could not sign that AWA until seven days after the employer gave them a copy of the Employee Information Statement.
An employee can now waive that seven day requirement, but this must be acknowledged in writing. This mean...
