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Workchoices and You |
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“Work Choices” refers to the Workplace Relations Amendment (Work Choices) Act 2005 (Cth) which came into effect on 27 March 2006. The provisions of this Act do not apply to all types of employment. If a person is employed by one of the following entities then the Work Choices amendments will apply:
(a) a constitutional corporation;
(b) the Commonwealth;
(c) a Commonwealth authority;
(d) a person or entity (which may be an unincorporated club) so far as the person or entity, in connection with constitutional trade or commerce, employs, or usually employs, an individual as:
(i) a flight crew officer; or
(ii) a maritime employee; or
(iii) a waterside worker;
(e) a body corporate incorporated in a Territory;
(f) a person or entity (which may be an unincorporated club) that carries on an activity (whether of a commercial, governmental or other nature) in a Territory in Australia, so far as the person or entity employs, or usually employs, an individual in connection with the activity carried on in the Territory.
Sometimes questions like:
may be difficult to answer. You may want to incorporate as a constitutional Corporation. If you have any doubts or wish to take advice on these matters please contact our Employment and Industrial Team on (07) 3223 6400.
What happens if the employment contract is not governed by the Commonwealth Workplace Relations Act? Remember a contract of employment can be verbal or written or both verbal and written. If the employment contract is not governed by the Commonwealth Workplace Relations Act it may be governed by the Queensland Industrial Relations Act 1999 or the common law if neither Act apply. For any advice about contractual circumstances please contact our Employment and Industrial Team on (07) 3223 6400. |
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