Employment Update


9 July 2007

New obligation on all Victorian employers

In June 2007 the Workplace Relations Amendment (A Stronger Safety Net) Act 2007 became law.

One of the obligations introduced is the requirement that all employers in the Federal System (which includes all Victorian employers) give to all existing and new employees a Workplace Relations fact sheet.

The fact sheet summarises the fairness test, the Australian Fair Pay and Commission Standard, record keeping obligations, unlawful termination and freedom of association provisions.

All existing employees must be given a copy of the fact sheet by 20 October 2007. All new employees starting on or after 20 July 2007 must be given a copy within 7 days of their commencement date.

Employers who do not comply with the obligation will be subject to a $110 fine for each instance of non-compliance. The Workplace Relations Minister, Mr Joe Hockey, has however indicated that the Workplace Ombudsman will seek voluntary compliance before considering legal action against employers.

A copy of the fact sheet is on the Hall & Wilcox website. Alternatively, Employers can obtain a copy of the fact sheet by going to the Workplace Authority website at www.workplaceauthority.gov.au or by calling the Workplace Infoline on 1300 363 264.  Copies of the fact sheet in languages other than English will be available on the Workplace Authority website in due course.

Australian Fair Pay and Commission Decision

On 5 July 2007 the Australian Fair Pay Commission announced its 2007 wage setting decision. The effect of the decision is:

  • an increase of $10.26 per week to the Federal Minimum Wage;

  • an increase of $10.26 per week in all Australian Fair Pay and Classification Scales of less than $700 per week; and

  • an increase of $5.30 per week in all Australian Fair Pay and Classification Scales of more than $700 per week.
These increases will apply to all employers in Victoria who pay their employees the minimum amount under an Award. If an employee’s current rate of pay is however more than the new minimum under the Australian Fair Pay and Classification Scale, no increase has to be given.

Farm businesses which qualify for an Exceptional Circumstances Interest Rate Subsidy under the existing drought relief arrangement may defer the increase to classification minimum wages above the new Federal minimum wage for a maximum of 12 months or until the farm business ceases to qualify for the subsidy, whichever comes first.

FURTHER ENQUIRIES

Mark Dunphy
Partner
mark.dunphy@hallandwilcox.com.au

+61 3 9603 3591

 

 

Karl Rozenbergs
Partner
karl.rozenbergs@hallandwilcox.com.au

+61 3 9603 3583

 

 

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