Jurisdiction - Australia
Australia – Changes To Fair Work Legislation.

28 December, 2012


Legal News & Analysis – Asia Pacific – Australia – Labour & Employment


There have been recent changes to the Fair Work legislation in the following areas:

  • transfer of business
  • bargaining
  • time limitations for unfair dismissal and general protections claims
  • costs
  • superannuation default funds in modern awards, and
  • the operation of the Fair Work Commission (previously Fair Work Australia).

The majority of these changes arise out of the Fair Work Review Panel’s report released on 15 June 2012, which identified 53 recommended changes to the Fair Work Act 2009 (Cth). The Fair Work Amendment Act 2012 (Cth) only deals with a relatively small number of those recommendations, however the government has indicated that there will be a proposed second round of amending legislation. It is not yet clear when any further legislation will be introduced, or which recommendations might be adopted or otherwise dealt with.

The balance of the changes to the Fair Work legislation arise out of the Fair Work Amendment (Transfer of Business) Act 2012 (Cth). 

The key amendments, along with their impacts, can be found here.




For further information, please contact:

Erica Hartley, Partner, Herbert Smith Freehills


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