WorkChoices

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WorkChoices
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WorkChoices and who is covered
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WorkChoices whats changing?

• A national workplace relations system
• Establishment of the Australian Fair Pay
  Commission
• The Australian Fair Pay and Conditions Standard
• Simpler agreement making in workplaces (to be
  covered by the Office of the Employment Advocate)
• Modern award protection
• Amended unfair dismissal laws
• Transitional arrangements

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Continuing protection against unlawful termination

• Access to all employees exclusions do not apply
• Cannot be terminated on the basis of
• Temporary absence due to illness/injury
• Trade union membership/non-membership
• Race, colour, sex, disability, marital status,
  family responsibilities religion etc
• Refusal to negotiate/sign an AWA etc
• 4000 Unlawful Termination Assistance Scheme

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New unfair dismissal laws

• 100 employees
• All employees excluded
• Head count includes full time, part time and long
  term casuals. Also includes employees of related
  bodies corporate

• gt100 employees
• Employees included
• Exclusions include
• trainees
• Seasonal employees
• Genuine operational reasons

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Arrangements for existing Constitutional
Corporations- Award employees

• Federal awards (including Vic Common Rule Awards)
  continue to apply to new and existing employees
• Awards underpinned by Standard
• Minimum wages set through APC Scales

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Compliance

• Compliance undertaken by the Office of Workplace
  Services (OWS)
• OWS tripling in size
• The OWS has the power to enforce
• Compliance with the Act
• Terms and conditions of awards, agreements and
  AWAs
• Requirements in relation to agreement making

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• How does Workchoices affect trainees and
  apprentices (including SBNAs)?
• Part 23 of the Workplace Relations Act 1996
  school based apprentices and trainees

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• Trainees in Victoria
• Full time/Part time/school based wages from
  National Training Wage Award (or other award if
  applicable), conditions from applicable award or
  the Standard
• School based also provided for in Part 23 of the
  Act (mainly for application in other States where
  arrangements not provided for by a relevant award
  or wage order)
• refer handout

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• Apprentices in Victoria
• Full time wages from relevant award or
  Victorian Industry Sector, conditions from the
  relevant award or the standard.
• Part time no IR arrangements currently
  available in awards or Victorian Industry
  Sectors. There is scope in the legislation for
  the creation of an Australian Pay and Conditions
  Scale (APCS) to provide IR arrangements for
  part-time apprentices but this has not yet
  occurred.

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• Apprentices in Victoria
• School based provided for via model clause in
  approx. 20 federal awards OR by Part 23 of the
  Act other conditions from applicable award or
  the Standard.
• refer handout

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• Further information
• Visit www.workchoices.gov.au for further info
• Call the WorkChoices Infoline - 1300 363 264
• Contact the OEA for assistance with agreement
  making - 1300 366 632