Australian Pay And Classification Scales
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Australian Pay And Classification Scales
The Australian Pay and Classification Scales were legal instruments that formed part of the 2006 WorkChoices amendments to Australian labour law''.'' These instruments were abolished when the Fair Work Act 2009 commenced operation in 2010. WorkChoices removed wage rates from federal awards and Notional Agreements Preserving State Awards (NAPSAs). On 27 March 2007, for employees covered by the WorkChoices system, notional Australian Pay and Classification Scales were established. While every federal award and NAPSA had its own notional Scales existing at law, actual documents encapsulating the Scales were never created or published. On 18 December 2007 the Australian Fair Pay Commission announced it would suspend the creation and publication of Scales. Instead, "Pay Scale Summaries" were eventually published by the Workplace Authority (and remain available from the Fair Work Commission website). They include this disclaimer: "the Commonwealth of Australia does not give any guar ...
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WorkChoices
WorkChoices was the name given to changes made to the federal industrial relations laws in Australia by the Howard Government in 2005, being amendments to the ''Workplace Relations Act 1996'' by the ''Workplace Relations Amendment (Work Choices) Act 2005'', sometimes referred to as the ''Workplace Relations Amendment Act 2005'', that came into effect on 27 March 2006. In May 2005, Prime Minister John Howard informed the Australian House of Representatives that the federal government intended to reform Australian industrial relations laws by introducing a unified national system. ''WorkChoices'' was ostensibly designed to improve employment levels and national economic performance by dispensing with unfair dismissal laws for companies under a certain size, removing the "no disadvantage test" which had sought to ensure workers were not left disadvantaged by changes in legislation, thereby promoting individual efficiency and requiring workers to submit their certified agreements d ...
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Australian Labour Law
Australian labour law concerns Commonwealth, state, and common law on rights and duties of workers, unions and employers in Australia. Australian labour law (also known as industrial relations law) has a dual structure, where some employment issues and relationships are governed by Commonwealth (the Australian federal government) laws, and others are governed by state and territory laws or the common law. It shares a heritage with laws across the Commonwealth of Nations, UK labour law and standards set by the International Labour Organization, the Australian legislature and courts have a built a comprehensive charter of rights at work. Constitutional basis The conciliation and arbitration power of the Commonwealth was originally based on Section 51(xxxv) of the Constitution of Australia, which provides: :"The ommonwealthParliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: ::(xxxv) ...
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Fair Work Act 2009
The ''Fair Work Act 2009'' (Cth) is an Act of the Parliament of Australia, passed by the Rudd Government to reform the industrial relations system of Australia. It replaced the Howard Government's WorkChoices legislation, it established Fair Work Australia, later renamed the Fair Work Commission. As the core piece of Australian labour law legislation, it provides for terms and conditions of employment, and also sets out the rights and responsibilities of parties to that employment. The Act established a safety net consisting of a national set of employment standards, national minimum wage orders, and a compliance and enforcement regime. It also establishes an institutional framework for the administration of the system comprising the Fair Work Commission and the Fair Work Ombudsman, The Fair Work Divisions of the Federal Court and Federal Magistrates Court and, in some cases, state and territory courts, perform the judicial functions under the Act. The Act is the foun ...
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Industrial Award
An industrial award, sometimes known simply as an award, is a ruling in Australia handed down by either the national Fair Work Commission (or its predecessor) or by a state industrial relations commission which grants all wage earners in one industry or occupation the same minimum pay rates and conditions of employment such as leave entitlements, overtime and shift work, as well as other workplace-related conditions. The national awards, with the National Employment Standards, provide a minimum safety net of terms and conditions of employment for all national system employees. The pay rates are often called award wages or award rates. Federal awards in Australia have been stripped back in recent years in what they are allowed to contain, in order to promote the Enterprise Bargaining Agreement system. Awards in Australia are part of the system of compulsory arbitration in industrial relations. A similar system was also used in New Zealand prior to the '' Labour Relations A ...
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Australian Fair Pay Commission
The Australian Fair Pay Commission was an Australian statutory body that existed from 2006 to 2009. It was created under the Howard Government's "''WorkChoices''" industrial relations laws in 2006 to set the minimum pay for workers. Established to replace the wage-setting functions of the Australian Industrial Relations Commission, the Commission set and adjusted a single adult minimum wage, non-adult minimum wages (such as training wage), minimum wages for award classification levels, and casual loadings. The Commission was abolished in December 2009 with the wage-setting function passing to the minimum wage panel of the Fair Work Commission. The inaugural chairman of the Commission was Professor Ian Harper and there were four commissioners: Hugh Armstrong, Patrick McClure AO, Mike O’Hagan, and Honorary Professor Judith Sloan. The profile of the members of the Commission was different from that of the Australian Industrial Relations Commission which previously had responsibil ...
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Workplace Authority
The Workplace Authority was an Australian Government statutory agency that existed from 1 July 2007 to 1 July 2009. It replaced and expanded the role of the Office of the Employment Advocate, which had existed since 1997. It was itself replaced by the Fair Work Ombudsman and Fair Work Australia (since renamed the Fair Work Commission). The primary role of the Office of the Employment Advocate was to accept the lodgement of Australian workplace agreements. In March 2006 the Office's role expanded to include the lodgement of collective agreements. The ''Workplace Relations Amendment (A Stronger Safety Net) Act 2007'' received royal assent on 28 June 2007, establishing the Workplace Authority and introducing the Fairness Test, as part of the WorkChoices WorkChoices was the name given to changes made to the federal industrial relations laws in Australia by the Howard Government in 2005, being amendments to the ''Workplace Relations Act 1996'' by the ''Workplace Relations Ame ...
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Fair Work Commission
The Fair Work Commission (FWC), until 2013 known as Fair Work Australia (FWA), is the Australian industrial relations tribunal created by the ''Fair Work Act 2009'' as part of the Rudd Government's reforms to industrial relations in Australia. Operations commenced on 1 July 2009. It is the successor of the Australian Industrial Relations Commission, and also performs functions previously performed by the Workplace Authority and the Australian Fair Pay Commission. The office of President of the Fair Work Commission is currently vacant since the retirement on 18 November 2022 of Iain Ross; Vice President Adam Hatcher is currently acting as President. , it operates under the portfolio of the Australian Attorney-General, the Hon Mark Dreyfus MP. The general manager of the FWC is Murray Furlong, who was appointed in October of 2021. FWC's functions include the setting and varying industrial awards, minimum wage fixation, dispute resolution, the approval of enterprise agre ...
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Fair Work Ombudsman
The Fair Work Ombudsman (FWO) (or formally, the Office of the Fair Work Ombudsman), is an independent statutory agency of the Government of Australia that serves as the central point of contact for free advice and information on the Australian national workplace relations system. The Office of the Fair Work Ombudsman also investigates workplace complaints and enforces compliance with national workplace laws. The FWO, along with the Fair Work Commission (former Fair Work Australia), the national workplace relations tribunal, began operation on 1 July 2009 under the ''Fair Work Act 2009''. The head of the Office of the Fair Work Ombudsman is the Fair Work Ombudsman, currently Sandra Parker, who reports to the Hon. Tony Burke MP, Minister for Employment and Workplace Relations. Office holders The agency is headed by the Fair Work Ombudsman who is appointed by the relevant Minister under the ''Fair Work Act 2009'' for a term up to 5 years. There have been three statutory app ...
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Australian Industrial Relations Commission
The Australian Industrial Relations Commission (AIRC), known from 1956 to 1973 as the Commonwealth Conciliation and Arbitration Commission and from 1973 to 1988 as the Australian Conciliation and Arbitration Commission, was a tribunal with powers under the Workplace Relations Act 1996 (and equivalent earlier legislation) that existed from 1956 until 2010. It was the central institution of Australian labour law. The AIRC replaced a previous system of industrial courts, which broadly speaking, was engaged in the same functions, but with superior independence and powers. History Commonwealth Court of Conciliation and Arbitration and the ''Boilermakers'' decision The Commonwealth Court of Conciliation and Arbitration, a court created in 1904 to hear and arbitrate industrial disputes, and to make awards, was abolished in 1956 following the decision of the High Court in '' the Boilermakers' case''. The High Court held that the Court of Conciliation and Arbitration, as a tribunal ...
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Australian Fair Pay And Conditions Standard
The Australian Fair Pay and Conditions Standard was a set of five minimum statutory entitlements for wages and conditions introduced as part of the Howard Government, Howard Government's WorkChoices amendments to Australian labour law in 2006 and then abolished by the Fair Work Act 2009 in 2010. The five statutory entitlements the Standard dealt with were: * basic rates of pay and casual loadings * maximum ordinary hours of work * annual leave * personal leave (including carer's leave and compassionate leave) * parental leave and related entitlements. The Standard came into effect on 27 March 2006. The employment conditions and wages of employees covered by the Standard had to meet or exceed the Standard's provisions. Compliance was ensured by Fair Work Ombudsman, Workplace Ombudsman inspectors, with powers to investigate disputes and enforce valid claims. The Standard was replaced by the National Employment Standards when the First Rudd Government, Rudd Government passed the ne ...
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Government Of Australia
The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federal parliamentary constitutional monarchy. Like other Westminster-style systems of government, the Australian Government is made up of three branches: the executive (the prime minister, the ministers, and government departments), the legislative (the Parliament of Australia), and the judicial. The legislative branch, the federal Parliament, is made up of two chambers: the House of Representatives (lower house) and Senate (upper house). The House of Representatives has 151 members, each representing an individual electoral district of about 165,000 people. The Senate has 76 members: twelve from each of the six states and two each from Australia's internal territories, the Australian Capital Territory and Northern Territory. The Australian monarch, currently King Charles III, is represented by the governor-general. The Australian Government in its ...
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