ARTICLE · 20 JANUARY 2010

Fair Work Act - Is your business compliant?

Hunt & Hunt

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The first few months of 2010 provides employers with an important opportunity that should not be overlooked - to engage in appropriate risk management and ensure compliance with our new workplace laws.

AustraliaEmployment and HR

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The first few months of 2010 provides employers with an important opportunity that should not be overlooked - to engage in appropriate risk management and ensure compliance with our new workplace laws.

1 January 2010 brought about the commencement of significant aspects of the Fair Work Act 2009 ("FW Act"), being the new National Employment Standards ("NES") and the operation of modern awards.

Failure to comply with minimum employment terms and conditions can prove extremely costly, particularly if there is an oversight that continues for a lengthy period. Businesses can face prosecution proceedings not only for significant amounts of back pay but also seeking penalties against them (at the maximum fine of $33,000 per offence). These proceedings can be issued by a union or by the Fair Work Ombudsman. The last 3 years have seen an unprecedented increase in the number of these prosecution proceedings, in all parts of Australia. These prosecutions can be significant

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