Fair Work Act vs. Fair Work Act 2009

Attribute	Fair Work Act	Fair Work Act 2009
Enacted	2009	2009
Scope	Regulates national workplace relations system	Regulates national workplace relations system
Objectives	Set out in Part 2-1	Set out in Part 2-1
Minimum wage	Establishes a national minimum wage	Establishes a national minimum wage
Modern awards	Establishes modern awards	Establishes modern awards
Enterprise agreements	Regulates enterprise agreements	Regulates enterprise agreements

Introduction

The Fair Work Act and Fair Work Act 2009 are two important pieces of legislation in Australia that govern the rights and responsibilities of employees and employers. While both acts aim to promote fair and productive workplaces, there are some key differences between the two that are worth exploring.

Scope and Coverage

The Fair Work Act, which came into effect in 2009, covers most employees in Australia, including those working in the private sector, as well as some employees in the public sector. It sets out the minimum employment conditions, such as wages, hours of work, and leave entitlements, that employers must adhere to. On the other hand, the Fair Work Act 2009 specifically focuses on the rights and obligations of employees and employers in relation to workplace relations, including unfair dismissal, industrial action, and enterprise bargaining.

Minimum Wage

One of the key differences between the two acts is the provision for setting the minimum wage. The Fair Work Act allows for the Fair Work Commission to conduct annual reviews and adjust the national minimum wage, taking into account factors such as inflation and the needs of low-paid workers. In contrast, the Fair Work Act 2009 does not specifically address the minimum wage, leaving it up to individual agreements and awards to determine wage rates.

Unfair Dismissal

Both acts provide protections against unfair dismissal for employees, but the Fair Work Act 2009 introduced some changes to the process. Under the Fair Work Act, employees who believe they have been unfairly dismissed can lodge a claim with the Fair Work Commission within 21 days of their dismissal. The Commission will then assess the claim and may order reinstatement or compensation if it finds the dismissal was unfair. The Fair Work Act 2009 streamlined the unfair dismissal process, making it quicker and more efficient for both employees and employers.

Enterprise Bargaining

Enterprise bargaining is a key feature of both acts, allowing employees and employers to negotiate workplace agreements that suit their specific needs. However, the Fair Work Act 2009 introduced some changes to the enterprise bargaining process. Under the Fair Work Act, enterprise agreements must meet certain requirements, such as passing the better off overall test (BOOT) and not containing any unlawful terms. The Fair Work Act 2009 also introduced the concept of good faith bargaining, requiring both parties to negotiate in good faith and make genuine attempts to reach an agreement.

Industrial Action

Both acts address the issue of industrial action, but the Fair Work Act 2009 introduced some changes to the rules surrounding strikes and lockouts. Under the Fair Work Act, industrial action can only be taken as a last resort and must be approved by a secret ballot of employees. The Fair Work Act 2009 also introduced stricter requirements for taking industrial action, such as giving notice to the employer and the Fair Work Commission before any action is taken.

Conclusion

In conclusion, while the Fair Work Act and Fair Work Act 2009 share many similarities in terms of their objectives and goals, there are some key differences between the two acts that are important to consider. The Fair Work Act 2009 introduced some changes to the way workplace relations are regulated in Australia, making the process more efficient and effective for both employees and employers. Understanding these differences can help employees and employers navigate the complexities of workplace relations and ensure they are complying with the relevant legislation.