Workplace Relations Insights

5 November 2009

Welcome to the November edition of Workplace Relations Insights. Now that the Fair Work Act is in operation, we're being asked about how it operates and where it differs from the old Act. We'll be answering some of those questions in a series of vodcasts we'll be sending out over the next week, starting today with an explanation of the new obligations for employers when terminating an employee.

We'll also be drilling down in this edition to some of the detail of the Fair Work Act:

  • what does it mean to negotiate enterprise agreement in "good faith" and is "genuinely trying to reach an agreement" the same as "good faith bargaining"?; and
  • the award modernisation process: what does it mean and when does it start - and what should you be doing now?

Finally, we'll discuss the High Court's recent decision on contracts, collective agreements and ending the contract.

Learning more about the Fair Work Act

To help you understand the scope of the Fair Work Act, we've made a series of short vodcasts focusing on the key aspects of Fair Work, and what you need to be aware of and the potential implications for your business.

Employment contract: High Court rules on contracts, collective agreements and ending the contract

By Saul Harben.

In unfair dismissal cases there can be some doubt over when and how the employment relationship was brought to an end, particularly when there is a demotion in position. Saul Harben examines the Visscher decision by the High Court for some guidance.

Changing terrain: developments in good faith bargaining under the Fair Work Act

By Joe Catanzariti.

What does it mean to negotiate enterprise agreement in "good faith"? Joe Catanzariti looks at some recent decisions of Fair Work Australia which flesh out the concept.

Awards under change: award coverage and enterprise awards

By Bruce Heddle.

The award modernisation process is underway, and employers need to be aware of the coverage provisions in modern awards and the scope to modernise enterprise awards, says Bruce Heddle.

Operation dates of modern awards and some phasing-in

By Dr Graham Smith.

Even though the Australian Industrial Relations Commission has announced some provisions in modern awards will be phased in, 1 January 2010 is still the critical date for employers, as Graham Smith explains.

Genuinely trying to reach agreement: the relationship with good faith bargaining

By Glen Bartlett.

Is "genuinely trying to reach an agreement" the same as "good faith bargaining"? Glen Bartlett discusses the most recent Fair Work Australia decision which indicates there is some difference between the two.

Key Contacts