As of 1 July 2009, components of the new Fair Work Act and Fair Work Regulations apply to all corporations and businesses falling within the federal system.

A new federal agency, Fair Work Australia, has also been established. This new agency incorporates the Australian Industrial Relations Commission, the Workplace Authority and the Workplace Ombudsman.

Unfair Dismissal

From 1 July 2009, new unfair dismissal provisions come into effect for all businesses under the federal system, with new qualifying periods applying for both small and large businesses.

For businesses with less than 15 full-time equivalent employees, a new ‘Small Business Fair Dismissal Code’ applies which identifies processes for small businesses to follow when terminating staff.

From 1 July 2009, employees have 14 days from the date of dismissal to lodge a claim for unfair dismissal with Fair Work Australia.

National Employment Standards and modern awards

The new National Employment Standards (NES) and the new modern awards do not take effect until 1 January 2010.

For further information on the federal changes, contact the Fair Work Infoline on 13 13 94 or visit their website at www.fairwork.gov.au

Unsure whether your business is under the federal or state system?

You can check by using our search tool – State or Federal jurisdiction?

Important note: these changes do not apply to sole traders or partnerships and other businesses covered under the NSW industrial relations system.