Changes to the Fair Work Act
On 15 October 2012, the Government announced that some changes would be made to the Fair Work Act 2009 arising from an independent review that was carried out.
The key changes that will be implemented are listed below:
1. Individual union officials will not be able to act as bargaining representatives for employees not covered by the official's union.
2. Enterprise agreement clauses which permit employees to opt out of the agreement will be prohibited.
3. Making enterprise agreements with only one (1) employee will be prohibited.
4. The time limit for lodging unfair dismissal applications and general protections claims involving a dismissal will be changed to 21 days. Currently, unfair dismissal applications must be filed within 14 days of the dismissal, and general protection claims that relate to a termination must be filed within 60 days of the termination.
5. The Commission will be given discretionary powers to dismiss unfair dismissal applications in the following circumstances:
• where the parties have concluded a settlement agreement;
• where an employee fails to attend a proceeding relating to the application; and
• where the employee fails to comply with the Commission's directions or orders relating to the application.
6. The Commission will be allowed to make costs orders against parties that:
• have unreasonably failed to discontinue a proceeding;
• have unreasonably failed to agree to terms of settlement that could have lead to discontinuing the application; or
• have caused the other party to incur costs through an unreasonable act or omission.
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