Rights and Responsibilities under the Fair Work Act 2009 WA Local Government Association Date: 07 August, 2015 Presented by: Andrew Jones

2 The Fair Work Ombudsman All employees working in Australia have basic rights and protections at work The Fair Work Ombudsman’s role is to make sure these rights are –protected –understood –enforced

3 What we do Provide education, assistance and advice to employers and workers Assist workers and employers resolve workplace problems Take action where there are serious contraventions of the Fair Work Act

4 Our evolving approach to Compliance and Enforcement Our primary focus was to commence an investigation into all matters We found complex WR framework demands greater focus on ADR processes We now encourage and empower parties to self-resolve

5 Our resolution processes Early Intervention Early Assisted Resolution Mediation

6 Our approach to Compliance and Enforcement Proportionate and risk based Early Intervention Serious non-compliance (various enforcement tools used)

7 Some tips on compliance Check and check again Good record keeping is the bedrock of compliance Cooperate and don’t act in haste - we will consider reasonable challenges to our findings

8 Other Issues Agreement issues, inc Agreement rates not meeting modern award rates Consequences of cost cutting Termination and redundancy Discrimination, inc parental leave Overseas workers Unpaid work arrangements Employees taking their own action

9 Deductions from Wages Need to pay for all hours (including trials, training meetings)

10 Accessorial Liability Involvement in contravention treated in same way as actual contravention (FW Act, s550) In every case for litigation, FWO has policy of looking to determine whether accessorial liability proceedings can also be commenced Has been applied in relation to directors and HR managers (FWO v Centennial Financial Services) FWO testing boundaries of s550

11 Avoiding Accessorial Liability Bring any potential contravention to the attention of those responsible for making decisions ASAP Keep written records in respect of decisions/actions taken Do not comply with unlawful directions Seek advice

12 Supply chain management Why should I care about what happens in my supply chain? Reputational risk Accessorial liability

13 Further information and resources Website  Pay & conditions tool (PACT)  My account  Online training Fair Work Infoline –  Templates  eNewsletter  Best Practice Guides

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17 Maternity & Parental Leave

18 Online training

19 Online Courses Free online course - visit

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Questions? Contact details: Andrew Jones