1 May 2011
The general protection provisions of the Fair Work Act 2009 (Cth) state that an employer must not take any "adverse action" against an employee because the employee has exercised or proposes to exercise a "workplace right".
Legal firms are reporting a rise in the number of applicants making claims under the general protection provisions of the Fair Work Act 2009 (Cth). These claims may arise from everyday workplace matters such as performance management, missing out on promotion or other areas where an employee feels they have suffered some detriment.
Right to Request Flexible Working Arrangements
4 January 2010
As part of the introduction of the Fair Work Act, the ten National Employment Standards (NES) came into effect on 1 January 2010. It is vital that employers understand their obligations in relation to the National Employment Standards.
The new provisions of Division 3 of the NES create a legal right for employees to request flexible working arrangements and employers should understand the ramifications if requests are refused without proper consideration. The following information sheet will assist employers to understand their obligation in relation to employee requests for flexible working arrangements.
Fair Work Information Statement
8 December 2009
From 1 January 2010, all employers covered by the national workplace relations system have an obligation to give each new employee a Fair Work Information Statement before, or as soon as possible after, the employee starts employment. For further information on the Fair Work Information Statement see the following link.
Rehabilitation for Work and Return to Work Program
The aim of this process is to ensure that:
- Reasonable effort is made to provide safe and healthy workplaces for ACBC workers
- Reasonable steps are taken to prevent further injuries
- Rehabilitation and Return to Work commences as soon as possible after an injury or illness
- Injured workers are supported by their supervisor and co-workers during the Return to Work process