The Commonwealth Government's Fair Work Act 2009 received Royal Assent on 7 April 2009. This Act will commence on 1 July 2009, repealing the Workplace Relations Act 1996.

The Fair Work Act:

• establishes Fair Work Australia with matters to be transferred from the Australian Industrial Relations Commission and the Workplace Authority;
• creates the Fair Work Ombudsman to replace the Workplace Ombudsman and other parts of the Workplace Authority;
• creates the Fair Work Divisions of the Federal Court and Federal Magistrates Court; and
• restores unfair dismissal rights for all employees, but with new qualifying periods and special rules for businesses with 15 full-time equivalent employees or less.

A second bill, the Fair Work (Transitional Provisions and Consequential Amendments) Bill 2009, was introduced into Parliament on 19 March 2009 and was subject to an inquiry by the Senate Education, Employment and Workplace Relations Committee. The Government has subsequently introduced a range of mainly technical amendments to that Bill.

The Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 was introduced to Parliament on 27 May 2009 by the Deputy Prime Minister, Julia Gillard. The second reading speech outlines provisions for Victoria's planned text-based referral of its industrial relations powers to the Commonwealth, putting in place a possible framework for referrals by the other States.

The New South Wales Government's position remains that it will consider whether and how it may participate in the national industrial relations system after all legislation has passed the Commonwealth Parliament.

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The Queen's Birthday public holiday is on Monday 8 June 2009. Any employees who work on Monday 8 June must be paid the appropriate penalty rates under their award for working this day.

There are no trading restrictions on general shops opening on the Queen's Birthday long weekend.

Further NSW public holidays for 2009 are:

• Bank Holiday - Monday, 3 August 2009
• Labour Day - Monday, 5 October 2009
• Christmas Day - Friday, 25 December 2009
• Boxing Day - Monday, 28 December 2009

Enquiries regarding rates of pay on public holidays are available via Awards Online on the OIR website or by phoning 131 628.

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The Unions NSW application for the 2009 State Wage Case will be heard in the NSW Industrial Relations Commission in July (13-15 July). Unions NSW has filed a claim for a 3.8% increase.

A Directions Hearing before the New South Wales Industrial Relations Commission on 19 March 2009 directed the Minister and the Director of Public Employment to file and serve their submission by 8 May 2009. The NSW Government supports the maintenance of real wages and is supporting a 2.5% increase following the release of the March 2009 quarter CPI figure of 2.5%. A copy of the Government's submission is on OIR's website.

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The NSW Government has announced a comprehensive review of public holidays to provide more certainty for business and workers regarding public holidays.

Professor Joellen Riley from the University of Sydney will head the review, considering the current and future operation of the Banks and Bank Holiday Act 1912 (NSW) and issue a report recommending changes to modernise the operation of the legislation.

The aim is to achieve uniformity in relation to when public holidays fall and to simplify the gazettal process.

Professor Riley is due to conclude the Review in October 2009.

The review will provide opportunities for consultation and written submissions, please refer to the timeline for relevant dates.

If you have a query about the Public Holiday Review please email Review@oir.commerce.nsw.gov.au.

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On Sunday 10 May 2009, the Commonwealth Government announced a new government-funded Paid Parental Leave scheme, available from 1 January 2011. The scheme will be available to primary caregivers who have been engaged in work continuously for at least 10 of the 13 months prior to the birth or adoption of a child, and will cover employees, including eligible casual employees, contractors and the self-employed. The scheme will be means-tested, and available where the primary caregiver earns up to $150,000.

The scheme will include:

• 18 weeks' pay for primary care givers at the federal adult minimum wage rate, currently $543.78 per week;
• An ability to transfer some leave between primary caregivers;
• Families who are not eligible for the Paid Parental Leave scheme will still be able to access the current Baby Bonus, welfare and tax transfer regime.

Further details of the scheme will be released at a later date. More information can be found at the Family Assistance Office website, http://www.familyassist.gov.au

The Government has indicated that the scheme will be based on the recommendations of the Productivity Commission report Paid Parental Leave: Support for Parents with Newborn Children. A copy of the report is available at the Productivity Commission website, http://www.pc.gov.au/projects/inquiry/parentalsupport/report

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A review of the Hairdressers Act 2003 (NSW) has commenced in line with the requirement that the Act be reviewed five years after its assent date 'to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives'.

The policy objective of the Act is to protect the community through ensuring proper competency in the provision of hairdressing services.

Interested persons are invited to make submissions regarding the identified policy objective of the Hairdressers Act 2003 and any aspect of the operation of the Act. All public submissions will be reviewed before completion of the report writing process.

A report on the outcome of the statutory review must be tabled in each House of Parliament before 6 November 2009.

The period of public consultation will close on Friday, 19 June 2009.

Submissions may be made by email to hairdressersactreview@oir.commerce.nsw.gov.au or by post to Mr Peter Boland, Legal Services Branch, Office of Industrial Relations, Department of Commerce, Level 23, McKell Building, 2-24 Rawson Place, Sydney NSW 2000. Inquiries may be directed to Mr Boland on telephone number (02) 9020 4628.

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On 3 April 2009 the Deputy Prime Minister, Julia Gillard, released the Justice Murray Wilcox QC's report into the transition to Fair Work Australia for the building and construction industry.

The Commonwealth Government has made a commitment to retain the Australian Building and Construction Commission until 31 January 2010 when it will be replaced by a Specialist Division of the Inspectorate of Fair Work Australia.

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The NSW Minister for Industrial Relations, the Hon John Hatzistergos MLC, has launched a new teaching resource to inform migrant and refugee students about their workplace rights and entitlements.

At the launch Mr Hatzistergos acknowledged that it is a challenging time for anyone looking for work. When people first arrive in Australia they are often employed in low paid and casual positions, where they are particularly vulnerable and this is why it is important to provide information about their workplace rights and responsibilities.

Starting Work engages students in a range of interactive classroom activities while they follow the story of Ali, a newly arrived migrant, who has to overcome a number of work-related problems as he settles into life in Australia. The resource comprises a student activity book and comprehensive teachers' notes.

The Office of Industrial Relations worked closely with staff from ACL consortium to develop this resource for their Adult Migrant English Program (AMEP) students. The resource will help them better understand the Australian workplace, know how to find out the correct pay and conditions for their work and know where to go for help if they have workplace problems.

The resource features a student activity book and teachers' notes. The program will be delivered to 2,900 students in Auburn, Cabramatta, Fairfield, Parramatta, Blacktown and Liverpool.

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The Office of Industrial Relations website has had a facelift making the site easier to navigate.

The website has now has three distinct topic channels for employers, workers and young people, providing information on NSW employment laws.

We welcome your feedback about the new website and any suggestions that can help us improve our information delivery.

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Q&A - We have employees who are off work as their children attend a school that has a case of swine flu. How do employers address this leave from work for their employees in these circumstances?

Answer: In general, employers can agree to let staff take their accrued leave and in some cases, after giving notice, can require staff to use their accrued annual leave. The existing legislation and relevant industrial awards and agreements set out the conditions under which an employee can choose or be required to take annual leave.

Employees can take sick leave if they or their dependents are sick and they have accrued sick leave. However, they must inform their employer of their intention to take sick leave.

Wages are normally payable if employees are ready, willing and able to perform work. However, a pandemic scenario may test how long businesses can financially sustain wage payments if they close for an extended period. It is, therefore, important for employers to have developed a plan with employees' involvement that allows a flexible response. Together you may be able to think of ways that some work can be done differently and still carried out safely and effectively.

More information is available in the Workplace Guide to Managing Influenza Pandemic.

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Question: Am I able to trade on Christmas Day and Boxing Day 2009? How do I apply for permission?

Answer: Christmas Day and Boxing Day, along with Good Friday, Easter Sunday and prior to 1 pm on ANZAC Day are restricted trading days. Shops, other than small shops, may seek an exemption to open and trade on a restricted day.

Read about the current shop trading restrictions and how to apply for an exemption on the OIR website.

NB: On 22 May 2009, the Shop Trading Regulation 2009 took effect. The regulation identifies that from the 22 May, for the purposes of section 11 of the Shop Trading Act 2008, there is no longer a $100 application fee when making an application for an exemption.

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As part of the Chat to an Office of Industrial Relations (OIR) Inspector program, inspectors from OIR will make regular visits to migrant resource centres to chat one to one with local clients and help them with workplace questions or problems - in English and community languages.

OIR has worked closely with community centres to ensure this new program provides the opportunity to chat with an industrial relations expert in a friendly, confidential, and culturally appropriate setting.

The next 'Chat to an OIR inspector' will take place on:
Tuesday 9th June, 1-4pm - St George Migrant Resource Centre, 552 Princes Highway, Rockdale
Wednesday 24th June, 1-4pm - Auburn Diversity Services, 17 Macquarie Road, Auburn.

Bookings are essential please call:
St George - 02 9597 5455
Auburn - 02 9649 6955

For more information about the OIR Community Relations program, or the 'Chat to an OIR Inspector' initiative contact the Office of Industrial Relations' Community Relations Coordinator on 9020 4577 or email crt@oir.commerce.nsw.gov.au.

OIR's community relations activities are designed to assist vulnerable workers access current information, resources and services to raise awareness of industrial rights and entitlements.

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In May 2009 the NSW Minister for Industrial Relations, the Hon John Hatzistergos MLC, announced the recovery of more than $1 million from 285 employers as a result of complaints lodged with the NSW Office of Industrial relations since July 2008.

Mr Hatzistergos said the Office of Industrial Relations carried out more than 1,000 workplace inspections across the State to follow up on complaints received from workers and other members of the community.

"It is important that workers in NSW are aware that the Office of Industrial Relations is here to help recover any loss of their legal entitlements," said Mr Hatzistergos.

"Most employers want to do the right thing, however, those who ignore minimum legal standards are prosecuted and can face fines up to $11,000 for each offence," said Mr Hatzistergos.

Stand out recoveries include:
" $4,632 in unpaid long service leave entitlements for an employee from a plastic pallet manufacturing business Riverstone area
" $3,247 in unpaid sick leave and holiday pay entitlements for a social and community services worker from Bankstown
" $5,655 in outstanding long service leave, annual leave and leave loading entitlements for a clerical worker from Avalon Beach

For more information about rights and responsibilities under NSW industrial law go to www.industrialrelations.nsw.gov.au or call the free telephone advisory service on 131 628.

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Due to the positive response from NSW high school students and teachers the Know the Deal video competition is back for 2009. Students can have fun while learning essential information about starting work.

The Know the Deal video competition helps secondary students learn about workplace rights and responsibilities, while meeting syllabus outcomes and is open to all Year 7-10 NSW secondary school students.

Students produce a video advertisement (no more than 2 minutes in length) which delivers at least one key message about workplace rights and promotes the 'Young people at work' website to their peers.

Cash prizes will be awarded for both regional and metropolitan entries. The winning entries displayed on the 'Young people at work' website.

More information on the task, including judging criteria and information for teachers, including a school registration form, is now available on the website as well.

Winning entries from the 2008 competition are available online for viewing.

All entries must be received by 31 July 2009.

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The federal government's Fresh Ideas for Work and Family program provides grants of $5000 to $15000 to successful small businesses to implement practices that help employees balance their work and family obligations and improve employee retention and productivity.

More details about the program, including the Application form, Guidelines for Applicants and Terms and Conditions, are available at www.deewr.gov.au/freshideas or by calling the Workplace Infoline between 8 am and 7 pm on 1300 363 264.

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The Office of Industrial Relations has published an updated list of industrial relations and human resources workshops for the reminder of 2009. The workshops provide practical information delivered in plain English and are designed to enable the following:

• Knowing your legal rights and obligations as an employer
• Understanding awards and agreements
• Developing strategies to retain key employers
• Writing effective workplace policies

For more information please see the following workshop listings or phone OIR's Workplace Advice on 9020 4612.

Newcastle and Northern Regional NSW workshops
Wollongong and Southern/Western Regional NSW workshops
Sydney Metropolitan area workshops

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Any comments or questions, please send an email to the editor at: library@oir.commerce.nsw.gov.au

The next issue of Your Workplace Online will be in September 2009.

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