After all the uncertainty, it's back to workplace
relations policy for Australia's employers.
Last week's Independents backing for the ALP to maintain
Government has cleared a path for the Government to implement its
existing policies and pre-election policies.
These policies include:
Compulsory superannuation guarantee increases - from 9 per cent
to 12 per cent by the end of the decade.
The GEERS Scheme that pays out entitlements on corporate
employer insolvency being replaced by the Fair Entitlements
Guarantee to extend the current entitlements to include unpaid
redundancy up to a maximum of four weeks for each year of
Paid Parental Leave - a taxpayer-funded 18-week parental leave
scheme at the minimum wage from next year, together with the
election promises made by the Government (such as fathers' /
partners' entitlement to 2 weeks paid leave). Employers should
prepare for the introduction of PPL. Employers should review any
policies, contracts and industrial instruments they have which
currently provide for paid parental leave to determine what their
obligations will be when the statutory PPL scheme commences.
In our Election Briefings conducted for clients in August, we
indicated that our experience and the statistics reveal that the
Unfair Dismissal and Adverse Action Claims impacts on small
business are real, with:
5,208 unfair dismissal claims lodged in the second half of
7,994 unfair dismissal claims lodged across the 12 months ended
30 June 2009
Adverse Action Claims on the rise, with the ALP now able to
claim a mandate for the breadth of this law which had not been
announced in policy before the 2007 election.
These trends are set to continue.
A "watch this space" issue is whether the Green-Labor
pact will see any Greens industrial relations becoming Government
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Long experience representing many of Australia's leading employers has taught us that in employment litigation the identity of an employee's representative is a major factor in how employee litigation runs.
Australian employees receive certain entitlements (such as annual leave and superannuation) where contractors do not.
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