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Employment – new law
Date : 07 May 2007
1. Fairness test for employees
Law applies from: 7 May 2007
Some new workplace agreements will be checked by the Workplace Authority to make sure that they pass a ‘fairness test’. Agreements for people on Australian workplace agreements earning less than $75,000 per year or for workers on collective agreements will be checked if:
- their work is usually regulated by an award
- the agreement excludes or modifies at least one protected award condition.
The Authority may find that an agreement is invalid if it removes protected rights without compensating the employee. Protected rights include overtime, public holidays and rest breaks. Compensation does not have to be financial; it could be a benefit like a parking space or other bonus.
2. Workplace Authority
Law applies from: 1 July 2007
The Workplace authority replaces the Employment Advocate. The role of this new statutory body is to:
- accept lodgement of workplace agreements
- assess some agreements to make sure they pass the fairness test
- give advice about the workplace relations system.
3. Workplace Ombudsman
Law applies from: 1 July 2007
The Ombudsman replaces the Office of Workplace Services. Ombudsman inspectors can investigate work-related complaints and give information about workplace laws.
Related publications
More information
Related page
Related websites
See the Victorian Government’s Workplace Rights Advocate for key elements of the fairness test.
Visit the Workplace Authority site for information about the role of the Workplace Authority.
See the Australian Council of Trade Unions’ (ACTU) statement about the limitations of the ‘fairness test’
The Workplace Ombudsman’s website has information about how to make a complaint.