Fair Work Infoline: 13 13 94
Media Release
Dec 1, 2009
Checklist for small business
Answer “yes” and celebrate the New Year with
confidence … if not, it’s time to seek advice!
With just a month to go before the New Year ushers in new workplace laws, Fair Work
Ombudsman Nicholas Wilson is urging small business owners not to wait until the last
minute to familiarise themselves with the changes.
From January 1 next year, small business will operate under the Federal Government’s
new safety net of minimum employment conditions.
Mr Wilson says employers who can’t answer “yes” to the following questions should seek
assistance – and his Agency has a team of 200 highly-skilled advisers manning the phones
from 8am to 6pm weekdays ready to help small business people with questions.
Do you know which Award your business is currently covered by and which Modern
Award will apply after January 1?
Are arrangements in place so that the business will comply with the National
Employment Standards when they come into force on January 1?
Are you keeping the required records and giving employees pay slips?
Are you aware of your options for making an Enterprise Agreement with
employees?
Do you understand how to bargain in good faith if you want to make an Enterprise
Agreement with employees?
Do you understand and are you able to comply with the Small Business Fair
Dismissal Code if terminating an employee’s employment?
Mr Wilson says the Fair Work Ombudsman can help employers who answer “no” to any of
the above to better understand their obligations under the Fair Work Act.
“We encourage small business to act now to find out about and prepare for the changes on
January 1, and we can assist,” he said.
Mr Wilson suggests a good first point of call for small business is a Best Practice Guide –
The guide explains the safety net of minimum employment conditions, the obligation to
bargain in good faith at the enterprise level, obligations to keep records and provide
payslips, unfair dismissal laws and protections for employees and obligations of employers.
The Fair Work Ombudsman has also prepared “how to” guidance for small business to
assist them safely navigate workplace matters such as:
Workplace bargaining for enterprise agreements
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Fair Work Infoline: 13 13 94
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Using individual flexibility agreements
Implementing better family friendly practices
Dispute resolution
Managing underperformance
Further materials are available on employing young workers, gender pay equity,
consultation in the workplace and workplace privacy.
Mr Wilson says it is important for the Fair Work Ombudsman to help educate and inform
employers about their legal obligations to their workforce.
“Our new legislation gives us the tool to promote national economic prosperity and social
inclusion by providing a balanced framework to encourage co-operative and productive
workplace relations,” he said.
“For us, a fair workplace is one that builds a balance between the working and home lives
of employees; is just and ensures an even playing field; has all parties engaged in matters
affecting their workplace and is fully compliant with the law.”
The January 1, 2010 changes follow the commencement of the Fair Work Act on July 1 this
year which requires small business to comply with new unfair and unlawful dismissal laws,
agreement-making obligations, transfer of business rules and workplace rights.
The Fair Work Ombudsman promotes harmonious, productive and co-operative workplace
relations.
Employers seeking help can call 13 13 94. For English translation, call 13 14 50.
The Fair Work Ombudsman website contains a range of resources to assist employers,
employees and contractors, including fact sheets and templates, with some materials
translated in 23 different languages.
Media inquiries:
Craig Bildstien, Director Media & Stakeholder Relations 0419 818 484 Email:
craig.bildstien@fwo.gov.au
Ryan Pedler: Mob: 0434 365 924; Email: ryan.pedler@fwo.gov.au
NEWS 
