The Workplace Relations Amendment (WorkChoices) Act 2005, an Act that amended the federal Workplace Relations Act 1996, took effect on 27 March 2006.

As a result, the Workplace Relations Act 1996 (“Act”) has provided from 27 March 2006, that for those employers that employ employees through a constitutional corporation, they are automatically covered by the Act. In other words, those employers and employees automatically moved from the New South Wales industrial relations system to the federal workplace relations system on Monday, 27 March 2006.
 
Employing entities that are not constitutional corporations are not affected and the New South Wales system of industrial relations continues to apply. It is however important to be sure whether your structure is a constitutional corporation or not.
 
DOES WORKCHOICES APPLY TO ME?

Our Industrial staff members have spoken with many members about the federal workplace relations system (previously referred to as WorkChoices) and whether it applies to them. For the majority, the Act and federal workplace relations system does apply. To find out whether it covers you, download a copy of AMA (NSW)’s FACT SHEET.
WHAT DO I NEED TO KNOW?
The next step after determining the federal system of workplace relations applies is to find out more.
 
As a member of AMA New South Wales, you can access information and assistance, and find out more about how the federal workplace relations system impacts on private medical practice employers and employees.

This means that employers and employee need to be aware of, and complying with:
•  The new system of industrial relations
•  Whether the system applies i.e whether the employing entity is a constitutional corporation
• New legal obligations as an employer / business owner and operator
•  How terms and conditions of employment for your staff will change, and the timeframe for those changes - the future of Awards
• Conditions for employed doctors
• The role of the Workplace Authority, Workplace Ombudsman, and the Australian Fair Pay Commission
•  New unfair dismissal rules where you have less than 100 employees. 

Frequently Asked Questions on the Workchoices Legislation

WorkChoices checklist

WorkChoices Guide for Employers

WorkChoices sample letter of appointment

Click here for frequently asked questions about WorkChoices

Federal Pay Increase - Executive Summary July 2007 of Australian Fair Pay Commission

WorkChoices Information Guide

As part of the AMA tender for Department of Employment and Workplace Relations, AMA has also produced a WorkChoices Information Guide that is loosely based on AMA Queensland's Guide. To obtain a copy click here. For more information on workchoices and sessions, please go to www.ama.com.au, or click here.

Labor Industrial Relations Policy - An Overview