From 1 January 2010, all employers covered by the national workplace relations system have an obligation to give each new employee a Fair Work Information Statement (Information Statement) before, or as soon as possible after, the employee commences employment.

The right for new employees to receive the Fair Work Information Statement is one (1) of ten (10) minimum standards in the National Employment Standards (NES) that apply to employment of employees from 1 January 2010.

Together with modern awards, the NES provides a new safety net for employees covered by the national workplace relations system.

Any employer who does not give the Information Statement to a new employee is contravening the terms of the NES for which significant penalties apply.

Businesses of all sizes are now subject to unfair dismissal laws.  Previously, businesses with less that 100 staff were exempt, however this is no longer the case.  There are two streams of unfair dismissal rules and which one covers an employers business will depend on the staffing levels at the business.

 The majority of the Fair Work Act 2009 has commenced operation on 1 July 2009.  The remaining changes will start on 1 January 2010.  These changes are substantial in both their scope and effect and in many areas will fundamentally change the way workplace relations is managed at the workplace level.

The Fair Pay Commission has not increased the Federal Minimum Wage in its most recent decision.  This means that the current Federal Minimum Wage and all the Pay Scales covering most employees remain at their current levels.   The decision, which will be the Fair Pay Commission’s last before it is replaced by Fair Work Australia on 1 January 2010, provides some relief for employers in a difficult period.

Under the Fair Work Act 2009, the annual wage decision will now take effect from 1 July each year.

The Australian Taxation Office has issued a new ruling that explains how superannuation entitlements are to be calculated. The ruling has provided some relief for employers because in a draft ruling that was issued several months ago, regular overtime was to be included in the earnings base for the purpose of calculating superannuation.