ARTICLE · 03 JUNE 2009

The Fair Work Act For Small Business Employers

Truman Hoyle

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The Fair Work Act 2009 (Cth) received Royal Assent on 8 April 2009. The majority of the Act will come into operation on 1 July 2009 (including the unfair and unlawful termination provisions).

AustraliaEmployment and HR

Katie Wright

The Fair Work Act 2009 (Cth) ("the Act") received Royal Assent on 8 April 2009. The majority of the Act will come into operation on 1 July 2009 (including the unfair and unlawful termination provisions). Provisions relating to the new National Employment Standards ("NES") and Modern Awards will operate from 1 January 2010. Of the various new and revised conditions of employment provided for by the Act, of interest are those applying only to "Small Business Employers". The following article will address the principal parts of the Act that small businesses will need to be aware of.

1. What is a Small Business Employer?

1.1. Section 23 of the Fair Work Act 2009 provides that a National System Small Business Employer at a particular time is an employer who employs fewer than 15 employees at that time.

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